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DIVERSIFIED FIN. SYSTEMS v. BINSTOCK

Civil No. 970190.

575 N.W.2d 677 (1998)

1998 ND 61

DIVERSIFIED FINANCIAL SYSTEMS INC., Plaintiff and Appellant, v. Simon BINSTOCK aka Sam Binstock, Defendant and Appellee.

Supreme Court of North Dakota.

March 26, 1998.

Attorney(s) appearing for the Case

T.L. Secrest, of Secrest Law Firm, Hettinger, for plaintiff and appellant.

Mary E. Nordsven, of Howe, Hardy, Galloway & Maus, PC, Dickinson, for defendant and appellee.

MESCHKE, Justice.

[¶ 1] Diversified Financial Systems, Inc. appealed a jury verdict and judgment dismissing Diversified's action against Simon Binstock on his guaranty of a note, and appealed the order denying Diversified's post-trial motion for judgment as a matter of law. We conclude substantial evidence supported the jury verdict that the FDIC's agents waived Binstock's obligation on the guaranty, and we affirm.

[¶ 2] Simon Binstock, who farmed...

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