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PHILLIPS-VAN HEUSEN CORP. v. SHARK BROS.

Civ. Nos. 9653, 9654.

289 N.W.2d 216 (1980)

PHILLIPS-VAN HEUSEN CORPORATION, a Foreign Corporation, Plaintiff and Appellee, v. SHARK BROTHERS, INC., and Kingsman Co., Inc., a domestic corporation, Defendant and Appellant. ENRO SHIRT COMPANY, a Foreign Corporation, Plaintiff and Appellee, v. SHARK BROTHERS, INC., and Kingsman Co., Inc., a domestic corporation, Defendant and Appellant.

Supreme Court of North Dakota.

Rehearing Denied February 28, 1980.

Attorney(s) appearing for the Case

E. Jean Bartlett, Devils Lake, for Phillips-Van Heusen Corp. and Enro Shirt Co., plaintiffs and appellees.

Myer R. Shark, Fargo, for Shark Brothers, Inc., defendant and appellant.

SAND, Justice.

Both cases, by order of this court, were consolidated for appeal and are in substance identical except as to amount and name of the plaintiff party. (They had been consolidated for trial.) Phillips-Van Heusen Corporation [Van Heusen] and Enro Shirt Company [Enro], each a foreign corporation and general creditor of Kingsman Co., Inc. [Kingsman], a domestic corporation, brought separate actions for the balance...

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