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SCHULTZ v. DAIN CORP.

No. 77-1398.

568 F.2d 612 (1978)

John C. SCHULTZ, Ethel J. Schultz, John R. Schultz, William C. Schultz, Susan J. Schultz and Nancy J. Schultz, Appellants, v. DAIN CORPORATION, Viking Investment Corporation, Mark Q. Moore, Allen L. Moore and Howard B. Conkey, Jr., Individually and d/b/a a partnership under the name of Candletree, and Candletree, a Kansas partnership, Appellees.

United States Court of Appeals, Eighth Circuit.

Decided January 27, 1978.

Attorney(s) appearing for the Case

Stephen W. Plambeck, Nilles, Hansen, Selbo, Magill & Davies, Fargo, N. D., for appellants.

Gregory R. Howard, Faegre & Benson, Minneapolis, Minn., for appellee, Dain Corp.; Lawrence C. Brown, Minneapolis, Minn., and E. T. Conmy, Jr., Conmy, Feste & Bossart, Fargo, N. D., on brief.

Jack G. Marcil, Tenneson, Serkland, Lundberg & Erickson, Fargo, N. D., for all other appellees.

Before GIBSON, Chief Judge, HEANEY, Circuit Judge, and HUNTER, District Judge.

HEANEY, Circuit Judge.

John C. Schultz, and members of his family, appeal from an order of the District Court for the District of North Dakota dismissing their complaint for lack of subject matter jurisdiction. The appellees are Viking Investment Corporation; Dain Corporation; and Candletree, a Kansas partnership, and its partners individually. Candletree's partners are also the officers, directors and sole shareholders of Viking.

On July 1, 1973, Schultz...

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