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DAWN ENTERPRISES v. LUNA

Civil Nos. 11,178 and 11,306.

399 N.W.2d 303 (1987)

DAWN ENTERPRISES, a North Dakota Limited Partnership, Plaintiff and Appellant, v. Charles O. LUNA and Judith A. Luna, Defendants and Appellees, and Ultrafuels, Incorporated, Third Party Defendant. DAWN ENTERPRISES, a North Dakota Limited Partnership, Plaintiff and Appellee v. Charles O. LUNA and Judith A. Luna, Defendants and Appellants and Ultrafuels, Incorporated, Third Party Defendant

Supreme Court of North Dakota.

January 20, 1987.

Attorney(s) appearing for the Case

Pearce & Durick, Bismarck, Gibson, Dunn & Crutcher, Newport Beach, Cal., for plaintiff and appellant and plaintiff and appellee; argued by Patrick W. Durick.

Kennelly & Pederson, Fargo, for defendants and appellees and defendants and appellants; argued by W.J. Bill Kennelly; appearance by Timothy J. Pederson.

LEVINE, Justice.

This is a consolidated appeal by Dawn Enterprises from a summary judgment entered by the district court in favor of Charles O. and Judith A. Luna and by the Lunas from an order in which the district court determined that there were no issues remaining for adjudication. We reverse and remand.

Dawn and the Lunas entered into a contract on October 26, 1983, for the Lunas to purchase up to two million gallons of anhydrous ethyl alcohol (ethanol...

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