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FIRST INTERSTATE BANK OF FARGO v. LARSON

Civ. No. 900386.

475 N.W.2d 538 (1991)

FIRST INTERSTATE BANK OF FARGO, N.A., Plaintiff, Appellee and Cross-Appellant, v. Richard W. LARSON, Gayle L. Larson, Bernard M. Altenburg, Lois Ivers Altenburg, Thomas D. Nagle, Robert L. Sutton, Claudette Sutton, Alfred P. Krahn and Dorothy S. Krahn, Defendants, Appellants and Cross-Appellees.

Supreme Court of North Dakota.

September 17, 1991.

Attorney(s) appearing for the Case

Serkland, Lundberg, Erickson, Marcil & McLean, Ltd., Fargo, for plaintiff, appellee and cross-appellant; argued by Roger J. Minch.

Anderson & Bailly, Fargo, for defendants, appellants and cross-appellees; argued by Gregory L. Thompson. Appearance by Lowell Bottrell.

MESCHKE, Justice.

The nine general partners of Village Apartments, a North Dakota general partnership, appeal from a judgment enforcing their personal guaranties of the partnership's second mortgage debt with First Interstate Bank of Fargo, N.A. First Interstate cross-appeals from the denial of its motion to amend its complaint to seek recovery of losses from the resale of the mortgaged property. We overrule Mandan Security Bank v. Heinsohn,

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