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FISCHER v. GUARANTEED CONCRETE CO.

No. 40306.

151 N.W.2d 266 (1967)

Benjamin E. FISCHER et al, Appellants, v. GUARANTEED CONCRETE CO., a subsidiary of J. F. Shiely Co., Respondent.

Supreme Court of Minnesota.

May 19, 1967.

Attorney(s) appearing for the Case

Howard, LeFevere, Lefler, Hamilton & Pearson, Minneapolis, for appellants.

Robins, Davis & Lyons and Stanford Robins, St. Paul, amicus curiae.

Felhaber, Larson, Fenlon & Vogt and Charles F. Bisanz, St. Paul, for respondent.

OPINION

GALLAGHER, Justice.

Appeal from an order denying plaintiffs a temporary injunction and from summary judgment entered in favor of defendant.

Plaintiffs were formerly employed by the Corning-Donohue Company as drivers of its ready-mix concrete trucks. In May 1965 Corning sold its mixing plant and trucks of its ready-mix concrete division to defendant, Guaranteed Concrete Company (a subsidiary of J. F. Shiely Co.). Before the sale, 23 truck...

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