Klagues v. Maintenance Engineering

NEUMANN, Justice.

[¶ 1] Maintenance Engineering (“Maintenance”) appeals from the trial court’s order granting class certification under Rule 28, N.D.R.Civ.P., and denying its motion for summary judgment on the claims of breach of contract and an accounting. We remand the class certification order with instructions. We conclude the trial court improvidently granted certification under Rule 54(b), N.D.R.Civ.P., of the denial of summary judgment, and therefore we dismiss that part of the appeal. 1

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[¶ 2] Maintenance Engineering, a North Dakota company, sells commercial fighting products throughout…