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JOHNSON v. OLYMPIC LIQUIDATING TRUST

Nos. S-7378, S-7408.

953 P.2d 494 (1998)

James JOHNSON, Edye Risener, and Al Risener, Appellants and Cross-Appellees, v. OLYMPIC LIQUIDATING TRUST, Appellee and Cross-Appellant.

Supreme Court of Alaska.

January 30, 1998.

Attorney(s) appearing for the Case

Victor C. Krumm, Law Office of Victor C. Krumm, P.A., Sarasota, FL, for Appellants/Cross-Appellees.

Cabot Christianson, Gary A. Spraker, Bundy & Christianson, Anchorage, for Appellee/Cross-Appellant.

Before COMPTON, C.J., and MATTHEWS, EASTAUGH, FABE and BRYNER, JJ.

OPINION

MATTHEWS, Justice.

I. INTRODUCTION

James Johnson, Edye Risener and Al Risener appeal the superior court's grant of summary judgment holding them liable on a non-negotiable promissory note. They contend that the note was procured by fraud and is avoidable. Assuming that part of the note is touched by fraud, we conclude that they may not avoid the portion of the note representing valid debt. We affirm the superior court as to...

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