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JAMES VAULT & PRECAST CO. v. B&B HOT OIL

No. 20180317.

927 N.W.2d 452 (2019)

2019 ND 143

JAMES VAULT & PRECAST CO., Donna Bline, Melvin Zent, Thomas Kuntz, Dave Olheiser and Jerry Kram, Plaintiffs, v. B&B HOT OIL SERVICE, INC., Steve Forster, Daniel Krebs, and Debra D. Krebs, Defendants. Steve Forster, Daniel Krebs, and Debra D. Krebs, Crossclaim Plaintiffs and Appellants v. B&B Hot Oil Service, Inc., Crossclaim Defendant and Appellee. and JB's Welding and St. Paul Surplus Lines Insurance Company, Crossclaim Defendants. B&B Hot Oil Service, Inc., Counter-Crossclaim Plaintiff and Appellee v. Steve Forster, Daniel Krebs and Debra D. Krebs, Counter-Crossclaim Defendants and Appellants. Steve Forster, Daniel Krebs, and Debra D. Krebs, Plaintiffs v. St. Paul Surplus Lines Insurance Company, Defendant. St. Paul Surplus Lines Insurance Company, Third-Party Plaintiff v. Acuity, a Mutual Insurance Company, Third-Party Defendant.

Supreme Court of North Dakota.

Filed May 16, 2019.

Attorney(s) appearing for the Case

Randall J. Bakke (argued) and Shawn A. Grinolds (on brief), Bismarck, ND, for defendants, crossclaim plaintiffs and appellants, counter-crossclaim defendants and appellants, plaintiffs, and third-party defendants Steve Forster, Daniel Krebs, Debra Krebs, and Acuity, a Mutual Insurance Company.

Nicholas C. Grant (argued), Randall N. Sickler (on brief), and Allison R. Mann (on brief), Dickinson, ND, for defendant, crossclaim defendant and appellee, counter-crossclaim plaintiff and appellee B&B Hot Oil Service Inc.

Zachary E. Pelham (appeared), Bismarck, ND, for defendant, crossclaim defendant and appellee, counter-crossclaim plaintiff and appellee B&B Hot Oil Service, Inc.

[¶1] Steve Forster, Daniel Krebs, and Debra Krebs (collectively "Forster/Krebs") appeal from a summary judgment dismissing their claims against B&B Hot Oil Service, Inc. We conclude the district court correctly construed the language in the parties' lease agreement, as a whole, to operate as a waiver of claims against...

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