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JAMESTOWN SAND v. TRI-COUNTY ELEC. CO-OP.

Civ. No. 10595.

351 N.W.2d 727 (1984)

JAMESTOWN SAND & GRAVEL, a corporation, Plaintiff and Appellant, v. TRI-COUNTY ELECTRIC COOPERATIVE, INC., a corporation, Defendant and Appellee.

Supreme Court of North Dakota.

July 27, 1984.

Attorney(s) appearing for the Case

Hjellum, Weiss, Nerison, Jukkala, Wright & Paulson, Jamestown, for plaintiff and appellant; argued by John Hjellum, Jamestown.

Zuger & Bucklin, Bismarck, for defendant and appellee; argued by James S. Hill, Bismarck.

GIERKE, Justice.

This is an appeal by Jamestown Sand & Gravel, Inc. (Jamestown) from a judgment of the District Court of Stutsman County dismissing, on its merits, Jamestown's action against Tri-County Electric Cooperative, Inc. (Tri-County). We affirm.

Jamestown is a sand and gravel producing and marketing business. The seasonal operation, which runs approximately eight months of each year, generally ceases to operate during November and commences again...

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