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GLATT v. BANK OF KIRKWOOD PLAZA

Civ. No. 10939.

383 N.W.2d 473 (1986)

James G. GLATT, Ruben C. Scherle and East Plaza Development, Plaintiffs and Appellees, v. BANK OF KIRKWOOD PLAZA, Defendant and Appellant.

Supreme Court of North Dakota.

March 3, 1986.

Attorney(s) appearing for the Case

Wheeler, Wolf, Peterson, Schmitz, McDonald & Johnson, Bismarck, for plaintiff and appellee James G. Glatt; argued by David L. Peterson.

Chapman & Chapman, Bismarck, for plaintiff and appellee Ruben C. Scherle; argued by Daniel J. Chapman.

Lamb, Schaefer, McNair & Larson, Fargo, and Bair, Brown & Kautzmann, Mandan, for defendant and appellant Bank of Kirkwood Plaza; argued by Malcolm Brown. Appearance by Robert J. Schaefer.

Appearance by Keith C. Magnusson, Bismarck, for North Dakota Bankers Ass'n, amicus curiae.

MESCHKE, Justice.

The Bank of Kirkwood Plaza (the Bank) appeals from a district court judgment entered upon a jury verdict and from an order denying its motion for judgment notwithstanding the verdict, or, in the alternative, for a new trial entered in an action brought by Glatt, Scherle, and East Plaza Development (hereinafter collectively referred to as the developers) for repudiation of a contingent loan commitment. We affirm as to liability, reverse as to damages...

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