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SMITH ENTERPRISES v. IN-TOUCH PHONE CARDS

No. 20040039.

685 N.W.2d 741 (2004)

2004 ND 169

SMITH ENTERPRISES, INC., d/b/a D & M Phone Cards, Plaintiff and Appellant v. IN-TOUCH PHONE CARDS, INC., and James Wolf, Defendants and Appellees.

Supreme Court of North Dakota.

August 31, 2004.

Attorney(s) appearing for the Case

Ronald H. McLean (argued) and Brad A. Sinclair (on brief), Serkland Law Firm, Fargo, N.D., for plaintiff and appellant.

Joseph A. Turman (argued), and Katrina Turman (argued), third-year law student, DeMars & Turman, Fargo, N.D., for defendants and appellees.

KAPSNER, Justice.

[¶1] Smith Enterprises, Inc., doing business as D & M Phone Cards, appealed from an order denying its post-trial motions and from a judgment dismissing its complaint against In-Touch Phone Cards, Inc., and its general manager and co-owner, James Wolf, and awarding In-Touch and Wolf $9,520.23, plus interest and costs, on their counterclaim. We affirm.

I

[¶2] In-Touch is in the business of acquiring long distance telephone...

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