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TRI-STATE INSURANCE COMPANY v. LUBBOCK MACHINE & SUPPLY COMPANY

Civ. No. 8519.

167 N.W.2d 754 (1969)

TRI-STATE INSURANCE COMPANY, Plaintiff and Appellant, v. LUBBOCK MACHINE & SUPPLY COMPANY, a Corporation; Lubbock Manufacturing Company, a Corporation; and Fargo Foundry Steel & Manufacturing Co., a Corporation; Defendants. ROPER HYDRAULICS, INC., a Corporation; and Roper Industries, Inc., a Corporation; Defendants and Respondents, v. LUBBOCK MACHINE & SUPPLY COMPANY, a Corporation, Defendant and Third-Party Plaintiff, v. SCRANTON EQUITY EXCHANGE, a Cooperative Association; L. P. Gas Transport Co.; and Carl J. Austad & Son, a Corporation; Third-Party Defendants.

Supreme Court of North Dakota.

April 10, 1969.

Attorney(s) appearing for the Case

Conmy, Conmy, Rosenberg & Lucas, Bismarck, for plaintiff and appellant.

Zuger, Zuger & Bucklin, Bismarck, for defendants and respondents.

Fleck, Smith, Mather, Strutz, Mayer & Stewart, Bismarck, for Lubbock Machine & Supply Co. and for Lubbock Mfg. Co., Inc.

Nilles, Oehlert, Hansen, Selbo & Magill, Fargo, for Fargo Foundry Steel & Mfg. Co.

Frederick E. Saefke, Jr., Bismarck, for Scranton Equity Exchange.

Pearce, Engebretson, Anderson & Schmidt, Bismarck, for L. P. Gas Transport Co. and for Carl J. Austad & Son.

STRUTZ, Judge.

The appeal in the above-entitled action is ruled by the opinion heretofore filed in the case of Scranton Grain Company, a Corporation v. Lubbock Machine & Supply Company et al., found in 167 N.W.2d 748 (N.D.1969).

The order of the district court quashing service of summons and dismissing complaint is affirmed.

TEIGEN, C. J., and KNUDSON, ERICKSTAD and PAULSON...

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