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SORLIE v. NESS

Civ. No. 10114.

323 N.W.2d 841 (1982)

Alton Glenn SORLIE, Plaintiff and Appellee, and The Bismarck Tribune Company, Involuntary Plaintiff and Appellee, v. Dale Sorlie NESS, Clayton O. Panter, Bradley F. Henke, Dale V. Ness, and Logansport Newspapers, Inc., a corporation; and Dale S. Ness and Dale V. Ness as Trustees under the Will of Evelyn Irene Ness, Defendants and Appellants.

Supreme Court of North Dakota.

August 17, 1982.

Attorney(s) appearing for the Case

John A. Zuger and Lyle W. Kirmis, of Zuger & Bucklin, Bismarck, for plaintiff and appellee.

A. William Lucas, of Lundberg, Conmy, Nodland, Lucas & Schulz, Bismarck, for involuntary plaintiff and appellee.

Christine A. Hogan and Harold L. Anderson, of Pearce, Anderson & Durick, Bismarck, for defendants and appellants.

VANDE WALLE, Justice.

This is an appeal from a declaratory judgment entered pursuant to Chapter 32-23, N.D.C.C., construing a document entitled "Stock Transfer Agreement With Option," dated April 3, 1956 ("1956 Agreement"), and signed by Stella Mann and Evelyn Ness. We affirm.

The 1956 Agreement provides, in its entirety:

"KNOW ALL MEN BY THESE PRESENTS: "WHEREAS, STELLA IRENE MANN, of Bismarck, North Dakota, as PARTY OF THE FIRST PART,...

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