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McKIBBEN v. GRIGG

Civil No. 980051CA.

582 N.W.2d 669 (1998)

1998 ND APP 5

Damon McKIBBEN, Charlotte McKibben, Galen McKibben and Marilyn McKibben, Plaintiffs and Appellants, v. Donald A. GRIGG and Betty M. Grigg, and Grigg Apiaries, Inc., Defendants and Appellees.

Court of Appeals of North Dakota.

August 14, 1998.

Attorney(s) appearing for the Case

T.L. Secrest (argued), of Secrest Law Firm, Hettinger, for plaintiffs and appellants.

Steven J. Wild (argued), of Sadowsky & Wild Law Office, Bowman, for defendants and appellees.

GLASER, Surrogate Judge.

[¶ 1] Damon, Charlotte, Galen and Marilyn McKibben appeal from a judgment confirming, over their objection, a $6,510 award against Donald and Betty Grigg, and Grigg Apiaries, Inc., made by a majority of a three-member board of arbitrators. The arbitration was not mandated by statute or rule, but was voluntary because the McKibbens and the Griggs, as part of their 1979 partnership contract, had agreed to submit any controversy arising...

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