Fire Ass'n of Philadelphia v. Vantine Paint & Glass Co. of Bismarck

SCHNELLER, District Judge.

This is an appeal from a judgment of dismissal of plaintiffs’ cause of action rendered pursuant to a motion for summary judgment made by all the defendants except Vantine Paint and Glass Company of Man-dan, North Dakota, and Elmer Huber.

The complaint of the plaintiffs in substance alleges that the defendants Glenn C. Vantine, Jack D. Vantine, and their father John C. Vantine, for more than twenty years prior to January 30, 1959, were engaged in the sale of glass, paint, floor covering, and similar merchandise, and in the sale and installation for hire of flooring and…