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STATE BANK OF KENMARE v. LINDBERG

Civ. No. 880238.

434 N.W.2d 347 (1989)

STATE BANK OF KENMARE, a North Dakota Corporation, Plaintiff and Appellee, v. Layne A. LINDBERG and Barbara Jean Lindberg, Defendants and Appellants.

Supreme Court of North Dakota.

January 9, 1989.

Attorney(s) appearing for the Case

Glenn Dill, III (argued), Kenmare, for plaintiff and appellee.

Barbara Jean Lindberg (argued), Rapid City, S.D., pro se. Layne A. Lindberg no appearance.

ERICKSTAD, Chief Justice.

The State Bank of Kenmare (Bank) sued Layne A. and Barbara Jean Lindberg to foreclose a mortgage. The Lindbergs answered and counterclaimed, alleging tortious interference with contract, misrepresentation and fraud by the Bank. The district court granted summary judgment in favor of the Bank on the foreclosure action and ordered a jury trial on the Lindbergs' counterclaim. The Lindbergs appealed from the summary judgment and requested the...

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