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STATE v. BAKKE

No. 7992.

117 N.W.2d 689 (1962)

STATE of North Dakota ex rel. Walter R. HJELLE, State Highway Commissioner, Petitioner and Respondent, v. Norris C. BAKKE, William R. Pearce and Leonard Lindquist, as Members of the Board of Arbitration, and Swanson-Truax Construction Company, O. W. Swanson Construction Company, and Dakota Aggregate, Inc., as original petitioners for arbitration, Respondents and Appellants.

Supreme Court of North Dakota.

October 26, 1962.

Attorney(s) appearing for the Case

Robert W. Mattson (succeeding Miles W. Lord), Minneapolis, Minn., and Vogel, Ulmer & Bair (succeeding John F. Lord), Mandan, for appellants.

Leslie R. Burgum, Atty. Gen., by David L. Milhollan, Sp. Asst. Atty. Gen., and Francis Breidenbach, Bismarck, for respondent.

TEIGEN, Judge.

We are met on the threshold of this appeal with a motion for dismissal. It is premised on four grounds: (1) That persons not parties to the action in the lower court cannot perfect an appeal from a decision of the lower court; (2) That Swanson-Truax Construction Company, a foreign corporation, has not been issued a certificate of authority by the Secretary of State of North Dakota and cannot maintain an action or proceeding in any court of this State...

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