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Published July 19, 2010, 11:18 AM

SD company wants ND suit dismissed

FARGO, N.D. (AP) — A South Dakota trucking company says a lawsuit over a North Dakota traffic accident should be thrown out of federal court.

FARGO, N.D. (AP) — A South Dakota trucking company says a lawsuit over a North Dakota traffic accident should be thrown out of federal court.

Arvid and Eva Mittleider (MIT'-ly-duhr) of Ellendale are seeking unspecified damages against SS & H Ag Supplies Inc., and truck driver Austin Zens. The suit says Zens was negligent in driving a tractor-trailer rig that rear-ended the Mittleider's pickup in May 2008.

A defense attorney for the Ashton, S.D,, company says the Mittleiders did not receive serious injuries as a result of the accident. The defendants also say that Arvid Mittleider was not driving in a "lawful manner."

A trial date has not been set.

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