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NELSON v. DAKOTA BANKERS TRUST COMPANY

No. 8153.

132 N.W.2d 903 (1964)

Lloyd A. NELSON, Morris F. Nelson and O. K. Anderson, Plaintiffs and Respondents, v. DAKOTA BANKERS TRUST COMPANY, also known as Bankers State Bank and Trust Company of Fargo, North Dakota, a corporation, Defendant and Appellant.

Supreme Court of North Dakota.

Rehearing Denied February 25, 1965.

Attorney(s) appearing for the Case

Wattam, Vogel, Vogel, Bright & Peterson, Fargo, attorneys for plaintiffs and respondents.

Cupler, Tenneson, Serkland & Lundberg, Fargo, attorneys for defendant and appellant.

Helgi Johanneson, Atty. Gen., Paul M. Sand, Asst. Atty. Gen., Bismarck, amici curiae.

MORRIS, Chief Justice.

The plaintiffs, Lloyd A. Nelson, Morris F. Nelson and O. K. Anderson are stockholders of the defendant. The two Nelsons each hold a certificate of common stock in the defendant corporation and the plaintiff Anderson is the owner and holder of a subscription contract for stock of the defendant pursuant to which he made a part payment in cash and has during the time material to this action been treated as a stockholder.

The defendant,...

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