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STATE EX REL. SPAETH v. EDDY FURNITURE CO.

Civ. No. 11036.

386 N.W.2d 901 (1986)

STATE of North Dakota ex rel. Nicholas J. SPAETH, Attorney General, Plaintiff and Appellant, v. EDDY FURNITURE CO., a North Dakota Corporation, d/b/a Eddy's Furniture, or Eddy's, Inc., Defendant, and William L. Peterson, a resident of Minnesota; and William L. Peterson Associates, Inc., a Minnesota Corporation, Defendants and Appellees.

Supreme Court of North Dakota.

May 13, 1986.

Attorney(s) appearing for the Case

Allen C. Hoberg, Asst. Atty. Gen., Bismarck, for plaintiff and appellant.

Lundberg, Nodland, Lucas & Schulz, Bismarck, for defendants and appellees; argued by Ardell C. Tharaldson.

LEVINE, Justice.

The State appeals from a district court judgment dismissing its action against William L. Peterson, individually, and William L. Peterson Associates, Inc.1 We affirm.

In April 1983, Porter C. Eddy, president of Eddy Furniture Company [Eddy Furniture], employed Peterson2 to conduct a going-out-of-business sale for Eddy Furniture's Jamestown...

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