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GUDENAU v. BIERRIA

No. S-4225.

868 P.2d 907 (1994)

Gerald GUDENAU and Peter Milner, individually and as partners d/b/a Kelso Marine, Appellants, v. Albert BIERRIA and Susan Bierria, Appellees.

Supreme Court of Alaska.

Rehearing Denied March 3, 1994.

Attorney(s) appearing for the Case

Peter W. Giannini, Giannini & Associates, P.C., Anchorage, for appellants.

Steven P. Gray, Gray, Geveden, Cole & Razo, Kodiak, for appellees.

Before MOORE, C.J., and RABINOWITZ, MATTHEWS and COMPTON, JJ.

OPINION

RABINOWITZ, Justice.

FACTS AND PROCEEDINGS

On March 4, 1985, Gerald Gudenau and Peter Milner, individually and as partners, d.b.a. Kelso Marine, purchased the F/V Ivanof II, a commercial fishing vessel, using at least in part monies borrowed from First National Bank of Anchorage (First National).

In April 1986 Gudenau entered into an agreement with Albert and Susan Bierria (Bierria), whereby Gudenau would sell the...

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