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ALBRECHT v. WALTER

Civil No. 970082.

572 N.W.2d 809 (1997)

1997 ND 238

Jerald ALBRECHT, Gary Bergstrom James Lewis, Lawrence Mertz, and Norman Weckerly, Plaintiffs and Appellants, v. James WALTER, Defendant and Appellee.

Supreme Court of North Dakota.

December 10, 1997.

Attorney(s) appearing for the Case

Daniel S. Kuntz, of Zuger Kirmis & Smith, Bismarck, for plaintiffs and appellants. Appearance by Jody Billing Bjornson.

Thomas J. Aljets, of Heinley & Aljets, Carrington, for defendant and appellee.

MARING, Acting Chief Justice.

[¶ 1] Jerald Albrecht, Gary Bergstrom, James Lewis, Lawrence Mertz, and Norman Weckerly (the investors) appealed from a judgment dismissing their action against James Walter for one-sixth of the amount they paid the United States Small Business Administration (SBA) to settle a debt. We reverse and remand.

[¶ 2] In 1985, the investors owned a vacant building on Harvey's Main...

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