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ATLAS READY-MIX OF MINOT v. WHITE PROPERTIES

Civ. No. 9879.

306 N.W.2d 212 (1981)

ATLAS READY-MIX OF MINOT, INC., a corporation, Plaintiff and Appellee, v. WHITE PROPERTIES, INC., a corporation, Steve D. McCormick, Thomas D. McCormick, and Minot Paving Co., Inc., a corporation, Defendants and Appellants.

Supreme Court of North Dakota.

May 29, 1981.

Attorney(s) appearing for the Case

McGee, Hankla, Backes & Wheeler, Minot, for plaintiff and appellee; argued by Walfrid B. Hankla, Minot.

Vogel, Brantner, Kelly, Knutson, Weir & Bye, Fargo, for defendants and appellants; argued by Maurice G. McCormick, Fargo.

SAND, Justice.

The defendants, White Properties, Inc. [White], Minot Paving Company, Inc. [Minot Paving], and Steve D. and Thomas D. McCormick [the McCormicks] appealed from a judgment awarding the plaintiff, Atlas Ready-Mix of Minot, Inc. [Atlas], damages from Minot Paving in the sum of $44,666.37, plus costs, and enjoining all the defendants from engaging in the sand and gravel retail business in Ward County, North Dakota, for a period of five years from 9 April...

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