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KUNTZ v. MUEHLER

No. 990188.

603 N.W.2d 43 (1999)

1999 ND 215

Gilbert KUNTZ and Patricia Kuntz, Plaintiffs and Appellants, v. Wayne A. MUEHLER, also known as Dave Montgomery, and Investment Centers of America, Inc., Defendants and Appellees.

Supreme Court of North Dakota.

Rehearing Denied December 22, 1999.

Attorney(s) appearing for the Case

Clark J. Bormann (argued) and Paul H. Myerchin of Bormann Law Office, Bismarck, N.D., for plaintiffs and appellants.

Randall J. Bakke (argued) and Michael J. Hagburg of Smith Bakke Hovland & Oppegard, Bismarck, N.D., for defendants and appellees.

NEUMANN, Justice.

[¶ 1] Gilbert and Patricia Kuntz appeal from the trial court's summary judgment. We affirm in part, reverse in part, and remand.

[¶ 2] In 1988, 1989, and 1990, the Kuntzes invested $71,000 in limited partnership investments with the Investment Centers of America ("ICA") and Wayne A. Muehler, an ICA financial planner. The investments included $22,000 in Aircraft Partners on May 26, 1988; $22,000 in National Leasing on May 26, 1988...

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