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FORNEY INDUSTRIES, INC. v. ANDRE

Civ. No. 688.

246 F.Supp. 333 (1965)

FORNEY INDUSTRIES, INC., a corporation, Plaintiff, v. Allen ANDRE, Aaron L. Andre and Andre Industries, Inc., a corporation, Defendants.

United States District Court D. North Dakota, Southwestern Division.

October 26, 1965.

Attorney(s) appearing for the Case

Robert H. Lundberg, of Thompson, Lundberg & Nodland, Bismarck, N. D., for plaintiff.

Jerome W. Shermoen, of Lanier, Knox & Shermoen, Fargo, N. D., for defendants.

RONALD N. DAVIES, District Judge.

Plaintiff, a Colorado corporation, engaged in the manufacturing and selling of electric arc welders and related materials, entered into contracts with Allen and Aaron Andre, under which these two men were employed as a district manager and salesman, respectively, for North Dakota.

The district manager's contract, executed by Allen Andre, provided that he would not engage, either for himself or others, "in buying, selling,...

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