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CARGILL, INC. v. AMERICAN PORK PRODUCERS, INC.

No. CIV 74-5057.

415 F.Supp. 876 (1976)

CARGILL, INC., a Delaware Corporation v. AMERICAN PORK PRODUCERS, INC., an Iowa Corporation, et al.

United States District Court, D. South Dakota.

July 7, 1976.

Attorney(s) appearing for the Case

Edward C. Carpenter, Rapid City, S. D., for plaintiff.

Joseph E. McHugh, Chicago, Ill., Ronald W. Banks, Fred Hendrickson, Gene Lebrun, Rapid City, S. D., for defendant.

MEMORANDUM OPINION

BOGUE, District Judge.

INTRODUCTION

In Count II of its Amended Complaint, Plaintiff in substance alleges that American Pork Producers, Inc., at all times relevant for this suit, engaged in the business of raising hogs at Igloo, South Dakota, without a certificate of authority issued by the Secretary of State of the State of South Dakota as required by law. Plaintiff's theory of recovery in Count II rests on S.D. C.L. 47-2-59...

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