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TERRY'S OFFICE PRODUCTS AND SERVICE, INC. v. ELSBURY

No. 90-76.

465 N.W.2d 293 (1991)

TERRY'S OFFICE PRODUCTS AND SERVICE, INC., Appellant, v. Burdette F. ELSBURY and Specialized Office Systems, Inc., Appellees.

Supreme Court of Iowa.

January 23, 1991.

Attorney(s) appearing for the Case

James W. Affeldt of Elderkin & Pirnie, Cedar Rapids, for appellant.

William A. Conzett of Conzett & O'Brien, Dubuque, for appellees.

Considered en banc.

CARTER, Justice.

Plaintiff, Terry's Office Products and Service, Inc., appeals from an order of the district court dismissing its action against defendants, Burdette F. Elsbury and Specialized Office Systems, Inc., for alleged breach of agreement in a commercial transaction.

At the time of the commencement of the action, plaintiff's certificate of incorporation had been canceled for failure to file a required annual report with the Secretary of State. Defendants...

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