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LARSON v. BAER

No. 870005.

418 N.W.2d 282 (1988)

Gary LARSON, William Brunnemeyer, Lenora Brunnemeyer, Donald Halverson, Louis Kraft, Philomena Kraft, Wayne Solwey, Marsha Solwey, and Wallis Knutt, Plaintiffs and Appellants, v. Larry BAER, George Ackre, Towner County State Bank, and First Bank of Cando, Defendants and Appellees.

Supreme Court of North Dakota.

January 12, 1988.

Attorney(s) appearing for the Case

William Kirschner & Associates, Fargo, for plaintiffs and appellants; argued by William Kirschner, Fargo.

Ackre & Baer, Cando, for defendants and appellees Larry Baer and George Ackre; argued by Larry Baer, Cando.

Vaaler, Gillig, Warcup, Woutat, Zimney & Foster, Grand Forks, for defendants and appellees Towner County State Bank and First Bank of Cando; argued by Carol E. Johnson, Grand Forks.

LEVINE, Justice.

Plaintiffs Gary Larson, et al, appeal from a summary judgment dismissing their malicious prosecution lawsuit and awarding costs and attorney's fees to the defendants. We reverse the summary judgment against plaintiffs William Brunnemeyer and Lenora Brunnemeyer and affirm the summary judgment against all other plaintiffs. We reverse the award of attorney's fees and costs.

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