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FIRST NAT. BANK OF HETTINGER v. CLARK

Civ. No. 10338.

332 N.W.2d 264 (1983)

FIRST NATIONAL BANK OF HETTINGER, a national banking corporation, Plaintiff and Appellee, v. Cecil R. CLARK and Alice E. Clark, Defendants and Appellants.

Supreme Court of North Dakota.

April 14, 1983.

Attorney(s) appearing for the Case

Lamb, Schaefer, McNair, & Larson, Fargo, for plaintiff and appellee; submitted on brief by Michael D. McNair, Fargo.

Howe, Hardy, Galloway & Maus, Dickinson, for defendants and appellants; submitted on brief by Albert J. Hardy, Dickinson.

SAND, Justice.

The defendants, Cecil R. Clark and Alice E. Clark (Clarks), appealed from a summary judgment in which the district court concluded that the plaintiff, First National Bank of Hettinger (Bank), had priority among conflicting claims between the Clarks and the Bank in a security interest in the same collateral, and that the Clarks had relinquished any right they had in certain motor vehicles by granting the Bank...

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