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STATE EX REL. PUB. SERV. COMM'N. v. R.F. GUNKELMAN & SONS, INC.

Civ. No. 8963.

219 N.W.2d 853 (1974)

STATE of North Dakota ex rel. PUBLIC SERVICE COMMISSION of the State of North Dakota, Petitioner/Appellee, v. R. F. GUNKELMAN & SONS, INC., and R. F. Gunkelman & Sons, Inc., of Grafton, Respondents, The First National Bank and Trust Company of Fargo et al., Appellants, James Herzog, Trustee in Bankruptcy, Appellant.

Supreme Court of North Dakota.

June 28, 1974.

Attorney(s) appearing for the Case

Garrity, Cahill, Gunhus, Streed. Grinnell & Jeffries, Moorhead, Minn., for appellant James Herzog.

Tenneson, Serkland, Lundberg & Erickson, Fargo, for appellants.

Ray H. Walton, Commerce Counsel, Public Service Commission, Bismarck, for petitioner/appellee.

Wheeler, Wolf, Wefald & Durick, P.C., Bismarck, for Agway, Inc., appellee.

John I. Finsness, Fargo, for appellee, David & Sons, Inc.

Wattam, Vogel, Vogel & Peterson, Fargo, for appellee Fidelity & Cas. Co. of New York.

KNUDSON, Judge.

This is an appeal from a judgment of the district court of Burleigh County, which judgment was based on the adoption by the district court of the findings of fact and conclusions of law of a referee who was appointed, under Rule 53, N.D.R.Civ. P., to hear this case.

This appeal is pursued in this court by the First National Bank and Trust Company of Fargo, The Merchants National Bank and Trust Company of Fargo, and the Bunge Corporation, all...

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