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AGRA-BY-PRODUCTS, INC. v. AGWAY, INC.

Civ. No. 10541.

347 N.W.2d 142 (1984)

AGRA-BY-PRODUCTS, INC., a corporation, Plaintiff and Appellant, v. AGWAY, INC., a corporation, Ray Wilson and Lee Leines, Defendants and Appellees.

Supreme Court of North Dakota.

March 29, 1984.

Attorney(s) appearing for the Case

Stefanson, Landberg, & Alm, Moorhead, Minn., and Lamb, Schaefer, McNair & Larson, Fargo, for plaintiff and appellant; argued by Michael D. McNair, Fargo, and Dennis Bitz, Bismarck.

Gjevre, McLarnan, Hannaher, Vaa, Skatvold & McLarnan, Moorhead, Minn., for defendants and appellees; argued by Timothy J. McLarnan, Moorhead, Minn.

ERICKSTAD, Chief Justice.

This is an appeal from a judgment entered by the District Court of Cass County on August 2, 1983, dismissing the complaint of the plaintiff, Agra-By-Products, Inc., [Agra], pursuant to the district court's order granting a motion for summary judgment in favor of the defendants, Agway, Inc., and its employees Ray Wilson and Lee Leines [Agway]. We affirm in part, reverse in part, and remand for trial.

Traill County Storage, Inc., a...

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