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Collection Specialist International, Inc. v. McLaughlin Construction Co.

February 9, 2009

COLLECTION SPECIALIST INTERNATIONAL, INC., PLAINTIFF
v.
MCLAUGHLIN CONSTRUCTION CO., DEFENDANT AND APPELLEE
MCLAUGHLIN CONSTRUCTION CO., PLAINTIFF AND APPELLEE
v.
ASPLIN EXCAVATING, INC., A/K/A ASPLIN, INC., DEFENDANT AND APPELLANT



Appeal from the District Court of Cass County, East Central Judicial District, the Honorable Georgia Dawson, Judge.

Per curiam.

AFFIRMED.

[¶1] Asplin Excavating, Inc. appealed from a district court judgment in favor of McLaughlin Construction Co., Inc. for $3,183.72. Asplin Excavating, Inc. argues the district court erred in finding: (1) the parties entered into an enforceable contract; (2) Asplin Excavating, Inc. did not pay McLaughlin Construction, Inc. the full contract price; and (3) McLaughlin Construction, Inc.'s claim was not barred by assent. The district court's findings of fact were not clearly erroneous, and we affirm under N.D.R.App.P. 35.1(a)(2).

[¶2] Gerald W. VandeWalle, C.J., Mary Muehlen Maring, Dale V. Sandstrom, Bruce A. Romanick, D.J., William F. Hodny, S.J.

[¶3] The Honorable Bruce Romanick, D.J., and the Honorable William Hodny, S.J., sitting in place of Kapsner, J., and Crothers, J., disqualified.

20090209

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