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NORTHWESTERN STATE BANK v. FOSS

No. 41720.

177 N.W.2d 292 (1970)

NORTHWESTERN STATE BANK, Osseo, Minnesota, Respondent, v. Duane W. FOSS et al., Defendants, Elmer M. Lamphere and Raymond H. Wood, Appellants.

Supreme Court of Minnesota.

April 17, 1970.

Attorney(s) appearing for the Case

Fredrikson, Byron & Colborn and Jerome S. Rice and Darrell B. Johnson, Minneapolis, for appellants.

Guenter Cohn, Rodger Nordbye, Bleecker, Babcock & Roberts, Minneapolis, for respondent.

Heard before KNUTSON, C. J., and OTIS, SHERAN, PETERSON and FRANK T. GALLAGHER, JJ.

OPINION

PER CURIAM.

Appeal from an order of the district court granting a new trial on the issue of damages only and from a judgment entered on October 31, 1968.

On May 12, 1966, the Northwestern State Bank of Osseo, Minnesota, instituted an action against Duane W. Foss, Doris E. Foss, Elmer M. Lamphere, and Raymond H. Wood for the recovery of $23,000, the balance of the principal on a note dated November 5, 1964, together with interest at the agreed...

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