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FIRST WESTERN BANK OF MINOT v. WICKMAN

Civ. No. 920253.

500 N.W.2d 896 (1993)

FIRST WESTERN BANK OF MINOT, Plaintiff and Appellee, v. Gerald WICKMAN, Defendant and Appellant, and Alice Wickman, Third Party Plaintiff and Appellant.

Supreme Court of North Dakota.

May 28, 1993.

Attorney(s) appearing for the Case

Michael S. McIntee of McIntee Law Firm, Towner, for defendant and appellant.

Richard P. Olson of Olson, Burns and Lee, Minot, for plaintiff and appellee.

LEVINE, Justice.

Gerald Wickman and Alice Wickman (Wickmans) appeal from a judgment entered after a bench trial dismissing their counterclaim against First Western Bank for fraud and misappropriation.

The dispositive issue on appeal is whether the trial court wrongfully accepted Wickmans' counsel's waiver of jury trial.1 We conclude that it did and we reverse and remand for jury trial.

The Wickmans timely demanded a jury...

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