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PIONEER STATE BANK v. JOHNSRUD

Civ. No. 9632.

284 N.W.2d 292 (1979)

PIONEER STATE BANK, a North Dakota Banking Association, Roger B. West, Receiver and Trustee of the Pioneer State Bank, and State Bank of Towner, a North Dakota Banking Association, Plaintiffs and Appellees, v. Hal JOHNSRUD and Miles Johnsrud, Defendants and Appellants. and The Harold JOHNSRUD Estate, Florence Johnsrud as the Personal Representative of the Estate of Harold Johnsrud, and Florence Johnsrud, personally, Defendants, Third-Party Plaintiffs and Appellants, v. Hayden THOMPSON, Third-Party Defendant and Appellee.

Supreme Court of North Dakota.

Rehearing Denied October 25, 1979.

Attorney(s) appearing for the Case

Lamb, Schaefer, McNair & Larson, Fargo, for Pioneer State Bank and Roger B. West, Receiver and Trustee of the Pioneer State Bank, plaintiffs and appellees; no appearance.

Kenner, Halvorson & Sturdevant, Minot, for State Bank of Towner, plaintiff and appellee; argued by Michael G. Sturdevant, Minot.

Jonathan T. Garaas, Garaas Law Firm, Fargo, for defendants, third-party plaintiffs and appellants; argued by Mr. Garaas.

Lundberg, Conmy, Nodland, Rosenberg, Lucas & Schulz, Bismarck, for third-party defendant and appellee; no appearance.

ERICKSTAD, Chief Justice.

This is an appeal by the Harold Johnsrud Estate, Florence Johnsrud, as the personal representative of the Estate of Harold Johnsrud, and Florence Johnsrud, personally, defendants and appellants (hereinafter referred to as the Johnsruds), from a summary judgment granted by the McKenzie County District Court in favor of the State Bank of Towner in the amount of $113,969.99, plus interest at the rate of eight percent per annum. This represents...

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