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BK OF ELBOW LAKE v. STATE BANK OF ASHBY

No. C6-88-2188.

439 N.W.2d 53 (1989)

BANK OF ELBOW LAKE, Appellant, v. The FIRST STATE BANK OF ASHBY, Respondent.

Court of Appeals of Minnesota.

Review Denied July 12, 1989.

Attorney(s) appearing for the Case

Robert L. Russell, III, Arvesen, Lundeen, Hoff, Svingen, Athens & Russell, Fergus Falls, for appellant.

Robert C. Swenson, Swenson, Grover, Lervick, Syverson & Battey, Ltd., Alexandria, for respondent.

Heard, considered and decided by FORSBERG, P.J., and PARKER and SHORT, JJ.

OPINION

SHORT, Judge.

The Bank of Elbow Lake appeals the trial court's determination that the First State Bank of Ashby may apply the funds of an account assigned to the Bank of Elbow Lake against a debt owed to the latter bank by its depositor. We reverse the trial court's ruling as to this issue, but affirm the court's decision to deny appellant's requests for costs, attorney fees and leave to amend its complaint.

FACTS

In March of 1986...

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