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FIRST NAT. BANK & TRUST CO. OF WILLISTON v. ANSETH

Civ. No. 920269.

503 N.W.2d 568 (1993)

FIRST NATIONAL BANK & TRUST CO. OF WILLISTON, as paying agent for the City of Williston under MIDA Bond (LeRoy P. Anseth Project, Series 1982), and First National Bank & Trust Co. of Williston, as bondholder of the MIDA Bond (LeRoy P. Anseth Project, Series 1982), Plaintiff, Appellant and Cross-Appellee, v. LeRoy P. ANSETH and Rita L. Anseth, Defendants, Appellees and Cross-Appellants.

Supreme Court of North Dakota.

July 14, 1993.

Attorney(s) appearing for the Case

Fred E. Whisenand (argued), of McIntee & Whisenand, P.C., and Al. Wahl (argued), of Bjella, Neff, Rathert, Wahl & Eiken, P.C., Williston, for plaintiff, appellant and cross-appellee.

Janet Holter Zander (argued), of Anseth & Zander, Williston, for defendants, appellees and cross-appellants.

LEVINE, Justice.

First National Bank & Trust Co. of Williston (First National) appeals from a district court summary judgment dismissing its action to enforce guaranties executed by LeRoy P. Anseth and Rita L. Anseth. Anseths cross-appealed from a summary judgment dismissing their counterclaim against First National. We affirm the judgment dismissing the Anseths' counterclaim, we reverse the judgment dismissing First National's action on the Anseths' guaranties...

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