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COMMUNITY NATL. BANK OF GRAND FORKS v. HUSAIN

No. 990065.

600 N.W.2d 886 (1999)

1999 ND 201

COMMUNITY NATIONAL BANK OF GRAND FORKS, a National Banking Association, Plaintiff and Appellant, v. Shaista A. HUSAIN, Defendant, Third-Party Plaintiff and Appellee, and Michael Green, d/b/a Michael Allen Contracting Third-Party Defendant.

Supreme Court of North Dakota.

October 20, 1999.

Attorney(s) appearing for the Case

Ralph F. Carter of Moosbrugger, Dvorak & Carter, P.L.L.P., Grand Forks, N.D., for plaintiff and appellant.

William E. McKechnie of William E. McKechnie & Associates, P.C., Grand Forks, N.D., for defendant, third-party plaintiff and appellee.

NEUMANN, Justice.

[¶ 1] Community National Bank of Grand Forks appeals from the trial court's summary judgment. We hold Community National Bank of Grand Forks raised a disputed issue of fact, precluding summary judgment. We reverse and remand for further proceedings, and assess costs consistent with this opinion.

I

[¶ 2] In an appeal from a summary judgment, this Court must consider the facts in a light most favorable to the opposing party...

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