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FIRST NAT. BANK OF BIWABIK, MN v. BANK OF LEMMON

Nos. 18816, 18823.

535 N.W.2d 866 (1995)

FIRST NATIONAL BANK OF BIWABIK, MINNESOTA, and Norwest Leasing, Inc., Plaintiffs and Appellants, v. BANK OF LEMMON, Defendant and Appellant, and First State Bank of Miller, Defendant and Appellee.

Supreme Court of South Dakota.

Decided August 2, 1995.

Attorney(s) appearing for the Case

James M. Cremer, Bantz, Gosch, Cremer, Peterson & Sommers, Aberdeen, for plaintiffs and appellants.

Robert M. Nash, Wilson, Olson, Nash, Becker & Smoot, Rapid City, for defendant and appellant.

Roger W. Damgaard and James Moore, Woods, Fuller, Shultz & Smith, Sioux Falls, for defendant and appellee.

Circuit Judge Robert L. TIMM, serving in the place of Justice Robert A. Amundson, who has deemed himself disqualified, delivers the majority opinion of the Court with respect to affirmance of the trial court's judgment.

Chief Justice Robert A. MILLER delivers the majority opinion of the Court with respect to the issue of the correct standard of review.

TIMM, Circuit Judge, writing the majority opinion with respect to the affirmance...

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