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NORWEST BANK BISMARCK v. FAIMAN

Civ. No. 11,376.

420 N.W.2d 357 (1988)

NORWEST BANK BISMARCK, NATIONAL ASSOCIATION, Plaintiff and Appellant, v. William FAIMAN and Tony Schirado, Defendants and Appellees.

Supreme Court of North Dakota.

March 7, 1988.

Attorney(s) appearing for the Case

Lawrence R. Klemin, Bismarck, for plaintiff and appellant.

Wheeler, Wolf, Peterson, Schmitz, McDonald & Johnson, Bismarck, for defendants and appellees; argued by Albert A. Wolf.

GIERKE, Justice.

Norwest Bank of Bismarck appeals from a district court judgment, entered upon a jury verdict, dismissing its complaint against the defendants, William Faiman and Tony Schirado,1 and from an order denying its motion for judgment notwithstanding the verdict or, alternatively, a new trial. We reverse and remand for a new trial.

Before 1976, Faiman operated a sand and gravel...

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