Pioneer Fuels, Inc. v. Montana-Dakota Utilities Co.

GIERKE, Justice.

Pioneer Fuels, Inc. (Pioneer), and Montana-Dakota Utilities Company (MDU), have appealed and cross-appealed from a judgment notwithstanding the verdict, other post-verdict orders, and the judgment entered in Pioneer’s suit against MDU for breach of contract, fraud, and exemplary damages. We affirm.

Pioneer was formed in 1985, primarily for the purpose of selling used oil to MDU. Two of Pioneer’s incorporators had previously been employed by Econ, Inc., a seller of used oil to MDU. MDU blended used oil with new oil for burning at its Coyote Station, a power plant near Beulah.

Pion…