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FIRST NAT. BANK v. MEYER ENTERPRISES

Civ. No. 870235.

427 N.W.2d 328 (1988)

The FIRST NATIONAL BANK AND TRUST COMPANY OF DICKINSON, Plaintiff and Appellee, v. MEYER ENTERPRISES, INC., J.A. Anderson, Inc., Indian Creek Investments, Inc., K.W. Investments, Inc., DeMonbrun, Inc., James W. Anderson, Howard H. Hutson, Kenneth W. Schmidt, Jr., and Robert DeMonbrun, Defendants, Donald L. Sessions, Lois R. Sessions, and Dana Investment Co., Defendants and Appellants.

Supreme Court of North Dakota.

July 19, 1988.

Attorney(s) appearing for the Case

Kelsch, Kelsch, Ruff & Austin, Collins and Main, Mandan, for plaintiff and appellee First Nat. Bank and Trust Co. of Dickinson; argued by William C. Kelsch.

Rausch & Rausch, Bismarck, for defendants and appellants; argued by James P. Rausch.

Mackoff, Kellogg, Kirby & Kloster, P.C., Dickinson, for defendant Meyer Enterprises, Inc. No briefs filed. No appearance.

Zuger, Kirmis, Bolinske & Smith, Bismarck, for defendants J.A. Anderson, Inc., Indian Creek Investments, Inc., K.W. Investments, Inc., DeMonbrun, Inc., James W. Anderson, Howard H. Hutson, Kenneth W. Schmidt, Jr., and Robert DeMonbrun. No briefs filed. No appearance.

MESCHKE, Justice.

Donald L. Sessions, Lois R. Sessions, and Dana Investment Co. [collectively, "Sessionses"] appealed from a money judgment in favor of First National Bank, based on a contract of guaranty. They claimed novation, revocation and exoneration. We affirm.

The Dickinson Energy Center ["DEC"] was created to develop real estate in Dickinson, North Dakota. Meyer Enterprises, Inc. and Evanston Industrial Center were equal partners in the venture. Evanston...

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