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RUSSELL v. BANK OF KIRKWOOD PLAZA

Civ. No. 11046.

386 N.W.2d 892 (1986)

Don RUSSELL, Plaintiff and Appellant, and Dennis Palmer, Plaintiff, v. BANK OF KIRKWOOD PLAZA, Defendant and Appellee.

Supreme Court of North Dakota.

April 23, 1986.

Attorney(s) appearing for the Case

Paul A. Sortland, Fargo, for plaintiff and appellant Don Russell; appearance by Gary D. Kanwischer.

Lamb, Schaefer, McNair & Larson, Fargo, for defendant and appellee; argued by Michael D. McNair.

MESCHKE, Justice.

Don Russell appeals from a summary judgment dismissing his action against the Bank of Kirkwood Plaza (Kirkwood Bank) for the breach of a loan commitment. We affirm.

In 1982 Don Russell, Dennis Palmer, James Glatt, and Ruben Scherle were the members of a partnership named the K.R. G.S. Egg Company (KRGS). Glatt and Scherle were also the members of a partnership known as East Plaza Development (East Plaza). Neither Russell nor Palmer was associated...

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