COX BAKERIES OF N. D. INC. v. TIMM MOVING & STORAGE, INC.

No. 76-1722.

554 F.2d 356 (1977)

COX BAKERIES OF NORTH DAKOTA, INC., Appellant, v. TIMM MOVING & STORAGE, INC., and Allen Olson as Attorney General for the State of North Dakota, Appellees.

United States Court of Appeals, Eighth Circuit.

Decided May 12, 1977.

Rehearing Denied June 9, 1977.


Attorney(s) appearing for the Case

Douglas A. Christensen, Pearong & Christensen, Grand Forks, N. D., for appellant.

Gary A. Holum and Robert S. Rau, Bosard, McCutcheon, Kerian, Schmidt & Holum, Ltd., Minot, N. D., for appellees.

Before GIBSON, Chief Judge, CLARK, Associate Justice, and HEANEY, Circuit Judge.


Mr. Justice CLARK.

Cox Bakeries of North Dakota, Inc., appellant, is a small, closely held family corporation with Dale Cox as its managing officer. From May, 1972 to April, 1973, Cox was unable to work due to serious illness. The lease on Cox's Minot, North Dakota, bakery was expiring in December, 1972, and Cox requested Donald Lauchner, his local manager, to close out the bakery and store the equipment which was valued at $25,000. Lauchner then called Timm Moving...

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