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MILLER ENTERPRISES v. DOG N' CAT PET CENTERS

Civ. No. 890097.

447 N.W.2d 639 (1989)

MILLER ENTERPRISES, INC., a North Dakota Corporation, d/b/a Dog N' Cat Pet Center No. 9, Plaintiff and Appellee, v. DOG N' CAT PET CENTERS OF AMERICA, INC., Defendant and Appellant.

Supreme Court of North Dakota.

October 25, 1989.

Attorney(s) appearing for the Case

Maury C. Thompson of Christensen & Thompson, Bismarck, for plaintiff and appellee.

Kathryn L. Dietz (argued) and Larry D. Orvik of Dietz & Little, Bismarck, for defendant and appellant.

VANDE WALLE, Justice.

Dog N' Cat Pet Centers of America, Inc., appealed from a judgment of the district court of Burleigh County rescinding its franchise agreement with Jim Miller and his corporation, Miller Enterprises, Inc., on the basis of fraud. We affirm.

Dog N' Cat is a Colorado corporation with its principal place of business in Denver. In 1977, a former North Dakota resident named Steve Hintgen opened the first Dog N' Cat pet store in Colorado Springs...

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