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LEONI v. BEMIS CO., INC.

No. 46354.

255 N.W.2d 824 (1977)

Joe LEONI, d.b.a. Power-O-Peat Company, Appellant, v. BEMIS COMPANY, INC., d.b.a. Cello Vision, Respondent.

Supreme Court of Minnesota.

June 17, 1977.

Attorney(s) appearing for the Case

Trenti, Saxhaug, Berger, Carey & Roche, and Tom H. Carey, Virginia, for appellant.

Donovan, McCarthy, Crassweller, Larson, Barnes & Magie, and Charles T. Barnes, Duluth, for respondent.

Heard before ROGOSHESKE, PETERSON, and SCOTT, JJ., and considered and decided by the court en banc.

PETERSON, Justice.

Plaintiff, Joe Leoni, d. b. a. Power-O-Peat Company, has been engaged since 1958 in the business of producing peat moss which is packaged and sold on a "national scale."1 In 1971, plaintiff commenced marketing his product, packaged in plastic bags, in California. Between February 1971 and March 1972, plaintiff's gross sales of peat moss in California amounted to something less than $16,397.05. This action for breach...

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