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STENEHJEM v. SETTE

Civ. No. 9136.

240 N.W.2d 596 (1976)

Leland M. STENEHJEM and Judith Stenehjem, Plaintiffs and Appellants, v. T. W. SETTE et al., Defendants and Appellees.

Supreme Court of North Dakota.

March 18, 1976.

Attorney(s) appearing for the Case

Wheeler, Wolf, Wefald & Durick, Bismarck, and Leland M. Stenehjem, Jr., Washington, D. C., for plaintiffs and appellants; argued by R. W. Wheeler, Bismarck, and Leland M. Stenehjem, Jr., Washington, D. C.

Vogel, Vogel, Brantner & Kelly, Fargo, for defendants and appellees T. W. and Marie S. Sette; argued by Carlton J. Hunke, Fargo.

Pearce, Anderson, Pearce, Thames & Pearce, Bismarck, for defendant and appellee V. R. Uttke; argued by William R. Pearce, Bismarck.

VOGEL, Justice.

This appeal arises from a dispute as to whether Lee M. and Judith Stenehjem waived their right under a 1961 agreement with T. W. and Marie Sette to require the Settes to offer stock in the State Bank of Burleigh County to the Stenehjems before selling it to an outsider. The trial court held that the provisions of the agreement had been waived. We affirm.

FACTS

The State Bank of Burleigh County was formerly located in the small town...

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