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STATE BANK OF TOWNER, INC. v. RAUH

Civ. No. 9651 and 9652.

288 N.W.2d 299 (1980)

STATE BANK OF TOWNER, INC., Plaintiff and Appellee, v. J. T. RAUH, Defendant, Third-Party Plaintiff and Appellee, v. PIONEER CREDIT COMPANY, INC., Robert E. Larson, Individually Third-Party Defendants and Appellees, and Hayden Thompson, Individually and as agent for Plaintiff State Bank of Towner and Third-Party Defendant Pioneer Credit Company, Third-Party Defendant and Appellant. PIONEER CREDIT COMPANY, INC., Plaintiff and Appellee, v. J. T. RAUH, Defendant, Third-Party Plaintiff and Appellee, v. STATE BANK OF TOWNER, INC., Robert E. Larson, Individually, Third-Party Defendants and Appellees, and Hayden Thompson, Individually and as agent for Plaintiff Pioneer Credit Company, Inc., and Third-Party Defendant State Bank of Towner, Inc., as assignee of Pioneer Credit Company, Inc., Third-Party Defendant and Appellant.

Supreme Court of North Dakota.

Rehearing Denied February 14, 1980.

Attorney(s) appearing for the Case

Farhart, Rasmuson, Lian & Maxson, Minot, for third-party defendant and appellant Hayden Thompson; argued by Gary R. Sorenson, Minot.

Pringle & Herigstad, Minot, for plaintiff and appellee State Bank of Towner and third-party defendant and appellee. Pioneer Credit Co; argued by Richard P. Olson, Minot.

Pancratz, Kruger, Wold, Yuill & Johnson, Fargo, for defendant, third-party plaintiff and appellee J. T. Rauh; argued by Robert A. Feder, Fargo.

SAND, Justice.

Hayden Thompson appealed from two separate judgments of the Ward County District Court and the subsequent denials by that court of Thompson's motions to alter or amend the judgments. The two cases were consolidated for trial and again on appeal. We affirm.

Robert E. Larson was a farmer and cattle feeder near Minot, North Dakota. Hayden Thompson was the president and principal stockholder of Pioneer State Bank in Towner, North Dakota, until 5...

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