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RATH v. ARMOUR AND COMPANY

No. 8129.

136 N.W.2d 142 (1965)

Bennie RATH, Cleon Streigel, Ray Benson, Russell Folmer and Clarence Johnson, Members of the Capitol Milk Patrons Committee, for themselves individually and for all others similarly situated, Plaintiffs and Respondents and Appellants on Cross-Appeal, v. ARMOUR AND COMPANY, a foreign corporation, Defendant and Appellant and Respondent on Cross-Appeal.

Supreme Court of North Dakota.

July 1, 1965.

Attorney(s) appearing for the Case

Cox, Pearce, Engebretson, Murray & Atkinson, Bismarck, for defendant and appellant and respondent on cross-appeal.

Breidenbach & Milhollan, Bismarck, for plaintiffs and respondents and appellants on cross-appeal.

JAMES MORRIS, Commissioner.

The plaintiff alleges that:

"They are the duly elected and acting members of the Capitol Milk Patrons Committee, elected by the patrons themselves to take charge of and operate on a temporary basis the business known as Capitol Milk Products Company of Bismarck, North Dakota, and that they bring this action on their own individual behalf and on behalf of all other patrons similarly situated."

The defendant is a Delaware...

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