EARLE R. HANSON & ASSOCIATES v. FARMERS COOP. CREAMERY CO.

Nos. 18682, 18943.

403 F.2d 65 (1968)

EARLE R. HANSON & ASSOCIATES, a partnership consisting of Harvey Hanson, George V. Hanson, and Mantor J. Hanson; Peter A. Hanson, Dariy Home, Inc., Dairy Home Company, Minnesota Milk Company, and Old Home Foods, Inc., Appellants, v. FARMERS COOPERATIVE CREAMERY COMPANY OF CLEAR LAKE, WISCONSIN, Appellee.

United States Court of Appeals Eighth Circuit.

Rehearing Denied December 4, 1968.


Attorney(s) appearing for the Case

Sydney Berde, of Altman, Geraghty, Leonard & Mulally, St. Paul, Minn., for appellants.

Frank Hammond, of Briggs & Morgan, St. Paul, Minn., for appellee; Terence N. Doyle, of Briggs & Morgan, St. Paul, Minn., and George St. Peter, of St. Peter & Hauer, Fond du Lac, Wis., on brief.

Before VOGEL, Senior Circuit Judge, LAY, Circuit Judge, and BECKER, Chief District Judge.


LAY, Circuit Judge.

Earle R. Hanson and Associates1 (hereafter called Hansons) sought specific performance of an option to purchase all of the stock in Minnesota Milk Company at a price equivalent to the "net book value" of the stock, asserting the "price" to be a negative amount as of May 20, 1964, the date the option was allegedly exercised. Hansons were at that time the directors and managers of the Minnesota Milk Company under a management...

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