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THORESON v. CITIZENS STATE BANK

Civ. 9748.

294 N.W.2d 397 (1980)

W. J. THORESON, Plaintiff and Appellee, v. CITIZENS STATE BANK, RUGBY, NORTH DAKOTA, Defendant and Appellant, and Western State Bank, Devils Lake, North Dakota, Defendant.

Supreme Court of North Dakota.

June 20, 1980.

Attorney(s) appearing for the Case

McGee, Hankla, Backes & Wheeler, Minot, and Robert D. Hartl, Rugby, for plaintiff and appellee; argued by Orlin W. Backes, Minot.

Carlan J. Kraft, of McClintock, Butz & Kraft, Rugby, for defendant and appellant.

VANDE WALLE, Justice.

This is an appeal by the defendant Citizens State Bank of Rugby from an order of the Pierce County district court, entered on October 30, 1979, denying Citizens' motion for a new trial. We reverse and remand for further proceedings.

At all periods relevant to this case the Leeds Elevator, owned by W. J. Thoreson, maintained a checking account with Citizens on which account both Thoreson and the elevator's manager, Wayne Anderson, were...

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