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ATCAS v. CREDIT CLEARING CORPORATION OF AMERICA

No. 42832.

197 N.W.2d 448 (1972)

Edward P. ATCAS, et al., Respondents, v. CREDIT CLEARING CORPORATION OF AMERICA, Appellant, Carl R. Zimmerman, Respondent, James Toney, et al., Defendants.

Supreme Court of Minnesota.

Rehearing Denied May 31, 1972.

Attorney(s) appearing for the Case

Maslon, Kaplan, Edelman, Borman, Brand & McNulty and Charles Quaintance, Jr., Minneapolis, for appellant.

John E. Castor, Minneapolis, for Atcas and others.

Robert T. Stich, Minneapolis, for Zimmerman.

Heard before KNUTSON, C. J., and MURPHY, KELLY, and HACHEY, JJ.

RONALD E. HACHEY, Justice.*

This action for rescission of a contract and damages was commenced in the district court in June 1970. One of the defendants, Credit Clearing Corporation of America, thereafter moved that the court stay trial of the action and order arbitration of the dispute as provided in the contract. The trial court denied the motion and on August 31 ordered that trial be had on the issue of whether plaintiffs were fraudulently...

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