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MAHANNA v. WESTLAND OIL COMPANY

No. 7849.

107 N.W.2d 353 (1960)

M. A. MAHANNA, R. A. Suess and Dean Winkjer, as Receivers of Diamond Transport Company, a corporation, Plaintiffs, Respondents and Cross-Appellants, v. WESTLAND OIL COMPANY, a corporation, American State Bank of Williston, a corporation, Fred Grawe and B. L. Lawrence, Defendants, Appellants and Cross-Respondents.

Supreme Court of North Dakota.

Rehearing Denied February 6, 1961.

Attorney(s) appearing for the Case

John R. Davidson, Williston, Strutz, Jansonius & Fleck, Bismarck, for defendants, appellants and cross-respondents.

Lord, Ulmer, Bair & Daner, Mandan, Joseph P. Stevens, Minot, for plaintiffs, respondents and cross-appellants.

BURKE, Judge.

The complaint of the plaintiffs in this action, insofar as it relates to issues remaining in the case, may be summarized in narrative form substantially as follows:

The Diamond Transport Company, a corporation, is the owner and entitled to the possession of five motor trucks and attached equipment of the total value of $42,126. On the 27th day of April, 1957, the defendants, American State Bank, Westland Oil Company and Fred Grawe, wrongfully...

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