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FIRST NAT. BANK v. PLITT NORTH CENT. THEATRES

Civ. No. 9896.

305 N.W.2d 653 (1981)

FIRST NATIONAL BANK IN GRAND FORKS, as Personal Representative of the Estate of Harry Gershman, deceased, and Louis Gershman, Plaintiffs and Appellants, v. PLITT NORTH CENTRAL THEATRES, INC. (formerly named Minnesota Amusement Company and ABC North Central Theatres, Inc.), a Delaware Corporation, Terry Peterson and Kathy Panzer, Defendants and Appellees.

Supreme Court of North Dakota.

May 12, 1981.

Attorney(s) appearing for the Case

Robert A. Alphson, Grand Forks, for plaintiffs and appellants.

Degnan, McElroy, Lamb, Camrud, Maddock & Olson, Grand Forks, for defendants and appellees; argued by Gerald J. Haga, Grand Forks.

PEDERSON, Justice.

Louis Gershman and the First National Bank of Grand Forks have appealed from entry of summary judgment by the district court in favor of appellee Plitt Theatres. We reverse.

In 1966 Louis Gershman and his brother Harry entered into a 30-year lease arrangement with predecessors of Plitt. Under the lease Plitt has use of appellant's building for the purpose of screening motion pictures. Plitt in turn is obligated to pay rent along with other...

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