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THIELE v. LINDQUIST & VENNUM

Civ. No. 11325.

404 N.W.2d 52 (1987)

Max THIELE and Opal Thiele, Plaintiffs and Appellants, v. LINDQUIST & VENNUM, Renee J. Selig, J. Michael Dady, Security State Bank of New Salem, a banking corporation, Antone Goetz, and Delores Maier, Defendants and Appellees.

Supreme Court of North Dakota.

April 16, 1987.

Attorney(s) appearing for the Case

Hoovestol Law Firm, Bismarck, for plaintiffs and appellants; argued by Calvin Hoovestol.

Lindquist & Vennum, Minneapolis, Minn., and Wheeler, Wolf, Peterson, Schmitz, McDonald & Johnson, Bismarck, for defendants and appellees; argued by J. Michael Dady. Apperance by Albert A. Wolf.

ERICKSTAD, Chief Justice.

Max and Opal Thiele appeal from a partial summary judgment dismissing all claims brought by them against the defendants except their fraud claim against Security State Bank of New Salem (Security) and the defendant bank officers Antone Goetz and Delores Maier. We affirm and remand.

Max and Lawrence Thiele are brothers, and each owns an undivided one-half interest as a tenant in common in the Thiele family farm. In 1980 Security made...

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