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AM. STATE BANK OF KILLDEER v. HEWSON

Civ. No. 11419.

411 N.W.2d 57 (1987)

AMERICAN STATE BANK OF KILLDEER, Plaintiff and Appellee, v. Dale HEWSON, Defendant and Appellant.

Supreme Court of North Dakota.

July 28, 1987.

Attorney(s) appearing for the Case

Mackoff, Kellogg, Kirby & Kloster, Dickinson, for plaintiff and appellee; argued by Claudette M. Abel.

Howe, Hardy, Galloway & Maus, Dickinson, for defendant and appellant; argued by Albert J. Hardy.

ERICKSTAD, Chief Justice.

Dale Hewson appeals from the summary judgment entered by the District Court for the Southwest Judicial District on December 1, 1986, finding that American State Bank of Killdeer as a secured party sold his tractor with dozer as collateral in a commercially reasonable manner. We reverse and remand for further proceedings.

On October 11, 1984, Hewson executed a promissory note to the Bank in the sum of $40,000 payable with interest...

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