Dickie v. Farmers Union Oil Co. of LaMoure

NEUMANN, Justice.

[¶ 1] Invoking N.D.R.App.P. 47, the United States District Court, Southeastern Division for the District of North Dakota, certified the following question of law to this Court:

Is N.D. Cent.Code § 28-01.3-08, the North Dakota Product Liability Act Statute of Repose, unconstitutional under Article I, § 21 of the North Dakota Constitution because it denies to the plaintiffs in this action equal protection of the law?

Our answer is that N.D.C.C. § 28-01.3-08 creates an unconstitutional classification in violation of N.D. Const, art. I, § 21.

I

[¶ 2] A statement of facts relevant to…