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STATE v. LARSEN

Civ. No. 930183.

515 N.W.2d 178 (1994)

STATE of North Dakota, doing business as the Bank of North Dakota, Plaintiff, Appellant, and Cross-Appellee, v. Harlan C. LARSEN, Walter C. Hanewald, Dennis E. Wolf, Adel A.F. Hassan, Dana R. Day, and James E. Slowey, individually and jointly and severally as personal guarantors, and as partners of R & G Medical Arts and Surgical Center, Defendants, Adel A.F. Hassan, and James E. Slowey, Appellees and Cross-Appellants.

Supreme Court of North Dakota.

April 20, 1994.

Attorney(s) appearing for the Case

Douglas Alan Bahr (argued), Asst. Atty. Gen., Attorney General's Office, Bismarck, for plaintiff, appellant, and cross-appellee.

Vince Ficek, of Reichert, Buresh, Herauf & Ficek, PC, Dickinson, for appellee and cross-appellant Adel A.F. Hassan. Submitted on briefs.

Robert O. Wefald (argued), of Wefald Law Office, Ltd., Bismarck, for appellee and cross-appellant James E. Slowey.

LEVINE, Justice.

The State of North Dakota, doing business as the Bank of North Dakota (the Bank), appeals from a district court judgment dismissing with prejudice its action to enforce a guaranty executed by Harlan C. Larsen, Walter C. Hanewald, Dennis E. Wolf, Adel A.F. Hassan, Dana R. Day, and James E. Slowey (Guarantors). We reverse and remand for entry of judgment.

In 1981, the City of Dickinson (City) proposed to acquire and improve real estate in connection...

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