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DIOCESE OF BISMARCK TRUST v. RAMADA

Civil Nos. 950375, 950380.

553 N.W.2d 760 (1996)

The DIOCESE OF BISMARCK TRUST and The Mary College, Inc. Trust, Plaintiffs and Appellees, v. RAMADA, INC., f/k/a Ramada Inns, Inc., a Delaware Corporation; Ramada Hotel Operating Company, a Corporation, Defendants and Appellees, Raymond A. Lamb; William Wood; Dan Zinda; Michael Reek; William M. Shalhoob; and LWZ Hospitality, a North Dakota General Partnership, Defendants and Appellants. The DIOCESE OF BISMARCK TRUST and The Mary College, Inc. Trust, Plaintiffs and Appellees, v. RAMADA, INC., f/k/a Ramada Inns, Inc., a Delaware Corporation; Ramada Hotel Operating Company, a Corporation, Defendants and Appellants, Raymond A. Lamb; William Wood; Dan Zinda, Michael Reek; William M. Shalhoob; and LWZ Hospitality, a North Dakota General Partnership, Defendants and Appellees.

Supreme Court of North Dakota.

September 10, 1996.

Attorney(s) appearing for the Case

Lawrence R. Klemin (argued), of Bucklin, Klemin & McBride, Bismarck, for plaintiffs and appellees.

Charles S. Miller, Jr. (argued), of Fleck, Mather & Strutz, Bismarck, for defendants, appellees and appellants Ramada, Inc. and Ramada Hotel Operating Company.

Pamela J. Hermes (argued), of Vogel, Kelly, Knutson, Weir, Bye & Hunke, Ltd., Fargo, for defendants, appellants and appellees Raymond A. Lamb, William Wood, Dan Zinda, Michael Reek, William M. Shalhoob, and LWZ Hospitality.

MARING, Justice.

Raymond A. Lamb, William Wood, Michael Reek, Dan Zinda, William M. Shalhoob, and LWZ Hospitality, a general partnership, (collectively referred to as LWZ) appealed from a summary judgment granting the Diocese of Bismarck Trust and the Mary College Inc. Trust (Trusts) reformation of the rental clause in a ground lease. Ramada, Inc., formerly known as Ramada Inns, Inc., and Ramada Hotel Operating Co. (collectively referred to as Ramada) also separately...

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