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HAGERT v. HATTON COMMODITIES, INC.

Civ. No. 870306.

421 N.W.2d 473 (1988)

Curtis HAGERT, Sr., Curtis Hagert, Jr., and David Hagert, all d/b/a Hagert Farms, Plaintiffs and Appellees, v. HATTON COMMODITIES, INC., Defendant, Third-Party Plaintiff and Appellee, v. GREELEY TRADING COMPANY, Third-Party Defendant and Appellee, and Powell Bean Growers Association, Third-Party Defendant and Appellant.

Supreme Court of North Dakota.

March 29, 1988.

Attorney(s) appearing for the Case

Patrick W. Fisher of McConn, Fisher, Olson & Daley, Grand Forks, for plaintiffs and appellees (Hagert); no appearance.

Stephen W. Plambeck of Nilles, Hansen & Davies, Fargo, for defendant, third-party plaintiff, and appellee (Hatton).

Paul G. Woutat (argued) and Carol E. Johnson of Vaaler, Gillig, Warcup, Woutat, Zimney & Foster, Grand Forks, for third-party defendant and appellee (Greeley).

David M. Box of Degnan, McElroy, Lamb, Camrud, Maddock & Olson, Ltd., Grand Forks, for third-party defendant and appellant (Powell Bean).

VANDE WALLE, Justice.

Powell Bean Growers Association (Powell Bean) appealed from an order denying its request for an extension of time in which to file a notice of appeal. We affirm.

Hagert Farms purchased certified Wyoming 166 pinto bean seed from Hatton Commodities, Inc. (Hatton). After the seed was planted and had germinated, it was discovered that the bean plants were infected with a disease known as "halo blight." Hagert Farms destroyed the bean plants...

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