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Wangler v. Lerol11/13/2003
Farmers Union were misled by Wangler's failure to reallege the respondeat superior claim in the amended complaint. It may be that Lerol and Farmers Union were misled by State Bank of Kenmare's citation to Dahl. However, it is clear both defendants realized we might review the dismissed claim, as we did in State Bank of Kenmare, because both defendants briefed the respondeat superior claim on its merits.
[ ] I concur in the result reached by the majority opinion.
[ ] Gerald W. VandeWalle, C.J.
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