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PEOPLES STATE BANK v. MOLSTAD EXCAVATING

No. 20050444.

721 N.W.2d 43 (2006)

2006 ND 183

PEOPLES STATE BANK OF TRUMAN, INC., a Minnesota Corporation, Plaintiff and Appellant v. MOLSTAD EXCAVATING, INC., a North Dakota corporation, Defendant and FGOH2O, Inc., d/b/a Fargo Water Equipment, Defendant and Appellee.

Supreme Court of North Dakota.

August 24, 2006.

Attorney(s) appearing for the Case

Ryan R. Dreyer (argued), Gislason & Hunter, L.L.P., New Ulm, MN, and John S. Foster (on brief), Zimney Foster, P.C., Grand Forks, ND, for plaintiff and appellant.

Thomas R. Olson (argued) and Erin M. Conroy (on brief), Jeffries, Olson & Flom, PA, Fargo, ND, for defendant and appellee.

VANDE WALLE, Chief Justice.

[¶ 1] Peoples State Bank of Truman ("Bank"), now known as Profinium Financial, brought a summary judgment motion against Molstad Excavating ("Molstad") claiming the Bank is entitled to $20,000 being held by Molstad. FGOH2O ("Fargo Water") also brought a summary judgment motion claiming it was entitled to the $20,000 held by Molstad. Judgment was entered in favor of Fargo Water and the Bank appealed. We affirm.

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