THET MAH & ASSOC. v. FIRST BANK OF N.D. (NA)

Civ. No. 10357.

336 N.W.2d 134 (1983)

THET MAH AND ASSOCIATES, INC., Plaintiff, Appellee and Cross-Appellant, v. FIRST BANK OF NORTH DAKOTA (NA), MINOT, Defendant and Appellee, and The General Fixture and Supply, Inc., Defendant, Appellant and Cross-Appellee.

Supreme Court of North Dakota.

June 24, 1983.


Attorney(s) appearing for the Case

Pringle & Herigstad, Minot, for plaintiff, appellee and cross-appellant; argued by Jan M. Sebby, Minot.

Anderson & Dobrovolny, Minot, for defendant and appellee; argued by Donald A. Anderson, Minot.

McGee, Hankla, Backes & Wheeler, Minot, for defendant, appellant and cross-appellee; argued by Russel G. Robinson, Minot.


SAND, Justice.

The General Fixture and Supply, Inc. (hereinafter General Fixture), appealed from a district court decision in a declaratory judgment1 action in which the district court determined that First Bank of North Dakota (NA) Minot (hereinafter First Bank) had a purchase money security interest in equipment superior to General Fixture's purchase money security interest in the same equipment and ordered $30,000.00 in proceeds from...

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