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OLSON v. MOLACEK BROS. OF CALLOWAY, MINN.

Civ. No. 10444.

341 N.W.2d 375 (1983)

Gary L. OLSON and Steven D. Olson, Plaintiffs and Appellants, v. MOLACEK BROTHERS OF CALLOWAY, MINNESOTA, and McDonald Livestock Company, Defendants and Appellees.

Supreme Court of North Dakota.

December 15, 1983.

Attorney(s) appearing for the Case

Shelley Lashkowitz and James Evan White (argued), Fargo, for plaintiffs and appellants.

Ohnstad, Twichell, Breitling, Arntson & Hagen, West Fargo, for McDonald Livestock Co.

Dosland, Dosland & Nordhougen, Moorhead, Minn., and Irvine, Ramstad, Quam & Briggs, Detroit Lakes, Minn., for defendants and appellees Molacek Brothers, defendants and appellees; argued by Duane A. Lillehaug, Moorhead, Minn.

SAND, Justice.

The plaintiffs, Gary and Steven Olson (Olsons), appealed from a summary judgment granted in favor of the defendants, Molacek Bros. (Molaceks). Olsons had alleged that Molaceks sold them diseased cattle in violation of North Dakota statutory law.

Molaceks are cattle ranchers in Callaway, Minnesota. In January 1981 Molaceks discovered that one of their pregnant cows had aborted a calf fetus. Molaceks took the fetus to an animal laboratory at North...

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