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OSTLUND CHEMICAL CO. v. NORWEST BANK

Civ. No. 870077.

417 N.W.2d 833 (1988)

OSTLUND CHEMICAL CO., Plaintiff and Appellant, v. NORWEST BANK OF JAMESTOWN, f/k/a First National Bank of Jamestown, Defendant and Appellee.

Supreme Court of North Dakota.

January 4, 1988.

Attorney(s) appearing for the Case

William G. Dittrick (argued) of Baird, Holm, McEachen, Pedersen, Hamann & Strasheim, Omaha, Neb., and Jon R. Brakke (appearance) of Vogel, Brantner, Kelly, Knutson, Weir & Bye, Fargo, for plaintiff and appellant.

Joseph A. Turman of DeMars, Turman & Johnson, Fargo, for defendant and appellee.

VANDE WALLE, Justice.

Ostlund Chemical Company [Ostlund] appealed from a summary judgment dismissing its action against Norwest Bank of Jamestown, formerly known as First National Bank of Jamestown [Bank]. Because genuine issues of material fact have been raised in this case, we reverse and remand for trial.

The evidence, viewed in the light most favorable to the party against whom summary judgment was rendered, reflects that during March 1982, Bruce Glinz...

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