Rupard Asphalt Co. v. O'Dell

SPERRY, Commissioner.

This appeal is by plaintiff from a judgment dismissing its petition filed against defendants.

Plaintiff, Rupard Asphalt Company, Inc., was engaged in processing and selling asphalt for paving purposes. Defendant, James R. O’Dell, was engaged in the Asphalt Paving business; and defendants William Graham, Jr., Wayne Irons, Robert Coats, Lawrence Endsley, Glenn Pettus, and Glen Norris were members of the Board of Education of Elkhorn School District No. 7.

In its brief, under the heading of “Argument”, plaintiff states as follows:

“Plaintiff, in its petition, has alleged that…