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LUITHLE v. TAVERNA

Civ. No. 8835.

214 N.W.2d 117 (1973)

Melinda LUITHLE and Orin W. Reiser, Co-Administrators of the Estate of Jack Luithle, Deceased, Plaintiffs/Appellants, v. Jake TAVERNA et al., Defendants/Appellees.

Supreme Court of North Dakota.

Rehearing Denied January 31, 1974.

Attorney(s) appearing for the Case

John C. Haugland of Duffy & Haugland, Devils Lake, and Letnes & Marshall, Grand Forks, for plaintiffs and appellants.

James H. Williams of Mattson, Williams & Hovey, New Rockford, for defendants and appellees Jake Taverna and Jarold Frazer.

Floyd B. Sperry of Sperry & Schultz, Bismarck, for defendants and appellees William H. Block and Howard Golly, d.b.a. Minot Livestock Auction.

Richard H. McGee of McGee, Hankla, Backes & Wheeler, Minot, for defendant and appellee Swift & Co.

KNUDSON, Judge.

Jack Luithle brought this action for the recovery of damages for losses sustained to his herd of cattle by the introduction of a disease, leptospirosis, which he claims came from 31 head of cattle infected with the disease brought to his feedlot from the yards of the Minot Livestock Auction and purchased by Jack Taverna and Jarold Frazer for Swift & Company to fill out a contract between Luithle and Swift & Company for the feeding of 500 cattle...

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