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UNITED BANK OF BISMARCK v. GLATT

Civ. No. 870271.

420 N.W.2d 743 (1988)

UNITED BANK OF BISMARCK, Plaintiff and Appellant, v. James G. GLATT, Kent M. Johanneson, Richard D. Olson, and Ruben C. Scherle, Defendants and Appellees. James G. GLATT, Third Party Plaintiff, v. SCHERLE SALES, INC. and American Druggists' Insurance Company, Third Party Defendants.

Supreme Court of North Dakota.

March 7, 1988.

Attorney(s) appearing for the Case

Pearce & Durick, Bismarck, for plaintiff and appellant; argued by Patrick W. Durick, Bismarck. Appearance by Larry L. Boschee.

Evans & Moench, Ltd., Bismarck, for defendants, appellees and third party plaintiff James G. Glatt; argued by Dale W. Moench, Bismarck.

LEVINE, Justice.

United Bank of Bismarck (United) appeals from a partial summary judgment dismissing its action against the defendants, James G. Glatt, Kent M. Johanneson, Richard D. Olson,1 and Ruben C. Scherle. We reverse and remand.

Scherle Sales, Inc. (Scherle Sales) was a business located in Bismarck which was involved in the sale and construction of agricultural and commercial buildings. Ruben Scherle, and his wife Erna,...

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