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FIRST BANK v. COMMUNITY STATE BANK

No. C6-85-1558.

385 N.W.2d 873 (1986)

FIRST BANK (N.A.) ST. CLOUD, Respondent, v. COMMUNITY STATE BANK OF PRINCETON, Appellant.

Court of Appeals of Minnesota.

April 22, 1986.

Attorney(s) appearing for the Case

John C. Thomas, Catherine A. Cella, Lucinda E. Jesson, Minneapolis, for respondent.

John G. Engberg, Mark W. Bay, Scott A. Higbee, Minneapolis, for appellant.

Heard, considered and decided by NIERENGARTEN, P.J., and LESLIE and RANDALL, JJ.

OPINION

RANDALL, Judge.

Community State Bank of Princeton (Community) appeals from a judgment granting First Bank St. Cloud's (First Bank) motion for summary judgment. We reverse and remand for trial on the merits.

FACTS

This case involves competing claims to funds of Dickenson Lines, Inc. (DLI) deposited at Community in which First Bank had a higher priority security interest. DLI, a company which is now undergoing a Chapter 7 liquidation...

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