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GEM RAZORBACK, LLC v. ZENERGY, INC.

No. 20160170.

890 N.W.2d 544 (2017)

2017 ND 33

GEM RAZORBACK, LLC, Plaintiff and Appellant v. ZENERGY, INC., Defendant and Appellee.

Supreme Court of North Dakota.

Filed February 21, 2017.

Attorney(s) appearing for the Case

Joshua A. Swanson , P.O. Box 1389, Fargo, N.D. 58107-1389, for plaintiff and appellant.

Danielle M. Krause (argued) and Lawrence Bender (on brief), 1133 College Drive, Suite 1000, Bismarck, N.D. 58501, for defendant and appellee.

[¶ 1] GEM Razorback, LLC appealed from a judgment dismissing its declaratory judgment action because GEM failed to exhaust administrative remedies, and dismissing its claim for specific performance because GEM could not establish that it was a third-party beneficiary of a contract. We affirm.

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