TUNBERG v. FIRST NAT. BANK OF MOORHEAD

No. 45431.

232 N.W.2d 813 (1975)

Frank E. TUNBERG et al., Respondents, v. FIRST NATIONAL BANK OF MOORHEAD, Minnesota, et al., Appellants.

Supreme Court of Minnesota.

August 29, 1975.


Attorney(s) appearing for the Case

Nilles, Hansen, Selbo, Magill & Davies, and John Michael Nilles, Fargo, N. D., for appellants.

Curtis L. Charlson, Thief River Falls, for respondents.

Heard before ROGOSHESKE, TODD, and SCOTT, JJ., and considered and decided by the court en banc.


SCOTT, Justice.

This is an appeal from an amended judgment of the Clay County District Court entered in favor of plaintiffs, Frank E. Tunberg and Northern State Bank of Thief River Falls. The action was commenced by plaintiffs to recover a pro rata share in bankruptcy pursuant to an agreement among 16 creditor banks to share in the distribution of the assets of the debtor, Western Acceptance Corporation (now known as WAC, Inc.). The court initially dismissed plaintiffs...

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