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ELHARD v. PRAIRIE DISTRIBUTORS, INC.

Civ. No. 10780.

366 N.W.2d 465 (1985)

Ruben ELHARD, Plaintiff and Appellant, v. PRAIRIE DISTRIBUTORS, INC., Darwin Paczkowski; Mandan Security Bank; and Tappan Company, Defendants and Appellees.

Supreme Court of North Dakota.

April 17, 1985.

Attorney(s) appearing for the Case

William C. Severin, Bismarck, for plaintiff and appellant.

Bair, Brown & Kautzmann, Mandan, for defendant and appellee Mandan Security Bank; argued by Malcolm Brown.

William C. Worthington, Jr., Bismarck, and Thomas M. Disselhorst, Bismarck, for defendant and appellee Tappan Company; argued by Thomas M. Disselhorst. Appearance by William C. Worthington, Jr.

MESCHKE, Justice.

Ruben Elhard has appealed a district court judgment dismissing his complaint against Mandan Security Bank (MSB) and Tappan Company (Tappan) in an action involving the priority of competing security interests. We reverse and remand.

In 1978, Northwestern Sales, Inc. (Northwestern), an appliance distributor, through Elhard, its president, and Prairie Distributors, Inc. (Prairie), through Darwin Paczkowski...

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