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IN RE GARRISON STATE BANK AND TRUST

No. 20020341.

662 N.W.2d 267 (2003)

2003 ND 84

In the Matter of GARRISON STATE BANK AND TRUST. THOMPSON FUNERAL HOMES, INC., Appellant, v. ALDERWOODS GROUP, INC., f/k/a The Loewen Group, Inc., Appellee.

Supreme Court of North Dakota.

June 3, 2003.

Attorney(s) appearing for the Case

LaRoy Baird III, LaRoy Baird, P.C., Bismarck, ND, for appellant.

B. Timothy Durick (argued) and David E. Reich, Pearce & Durick, Bismarck, ND, for appellee.

MARING, Justice.

[¶ 1] The Thompson Funeral Home, Inc. ("Thompson") appealed from a summary judgment dismissing its claim for funds held on deposit in a checking account with Garrison State Bank and Trust. The district court found Thompson failed to present a genuine issue of material fact about its entitlement to the funds and concluded, as a matter of law, the money in the account belonged to Alderwoods Group, Inc. ("Alderwoods"). We affirm.

I

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