BENTONIZE, INC. v. GREEN

No. C5-88-1050.

431 N.W.2d 579 (1988)

BENTONIZE, INC., Appellant, v. Wesley GREEN, et al., Respondents.

Court of Appeals of Minnesota.

November 22, 1988.


Attorney(s) appearing for the Case

Jerrold M. Hartke, Rolin L. Cargill, Hartke Law Firm, South St. Paul, for appellant.

Eugene L. Johnson, Gregory A. Fontaine, Dorsey & Whitney, Minneapolis, for respondents.

Heard, considered and decided by SCHUMACHER, P.J., and HUSPENI and LESLIE, JJ.


OPINION

HUSPENI, Judge.

Bentonize, Inc. appeals from a dismissal of its action for breach of an exclusive licensing agreement. The suit was dismissed for noncompliance with Rule 4.03 of the Fourth Judicial District.

Bentonize served the summons and complaint in an exclusive licensing action on respondents Wesley Green and Bryan McGroarty in October 1981. Green and McGroarty filed a counterclaim for malicious prosecution and abuse of process. Thomas...

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