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KUNKEL v. FIRST NAT. BANK OF DEVILS LAKE

Civ. No. 11200.

393 N.W.2d 265 (1986)

Jeanne R. KUNKEL, d/b/a Precious Moments, Plaintiff and Appellant, v. FIRST NATIONAL BANK OF DEVILS LAKE, North Dakota, Defendant and Appellee.

Supreme Court of North Dakota.

September 17, 1986.

Attorney(s) appearing for the Case

Jeanne R. Kunkel, pro se.

Degnan, McElroy, Lamb, Camrud, Maddock & Olson, Grand Forks, for defendant and appellee; argued by Cynthia Tredwell, 3rd year Law Student under the direction of Marjorie M. Young.

GIERKE, Justice.

Jeanne Kunkel, d/b/a Precious Moments, appeals from a summary judgment dismissing her action against the First National Bank of Devils Lake (First National) for damages incurred as a result of its allegedly negligent payment of a check over a stop payment order. Because genuine issues of material fact remain to be resolved, we reverse and remand for trial.

The evidence, viewed in the light most favorable to the appellant, reflects that prior...

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