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HARLEY MILLER CONST., INC. v. RUSSELL

Civ. No. 910109.

481 N.W.2d 459 (1992)

HARLEY MILLER CONSTRUCTION, INC., Red Fox, Inc., Harley Miller, Plaintiffs and Appellants, v. Donald L. RUSSELL and Mid-Am Restaurants, Inc., Defendants and Appellees.

Supreme Court of North Dakota.

February 25, 1992.

Attorney(s) appearing for the Case

John J. Gosbee (argued), Gosbee Law Firm, Mandan, for plaintiffs and appellants.

Kelsch, Kelsch, Ruff & Austin, Mandan, for defendants and appellees; argued by William C. Kelsch.

MESCHKE, Justice.

Harley Miller Construction, Inc., Red Fox, Inc., and Harley Miller (collectively identified as Miller) sued Donald L. Russell and Mid-Am Restaurants, Inc. (collectively identified as Mid-Am) to evict Mid-Am from four restaurants owned by Miller and for damages for breach of the leases to Mid-Am. After a series of rulings, the trial court dismissed Miller's action with prejudice, and Miller appealed. Because we conclude that the trial court correctly...

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