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ALERUS FINANCIAL v. WESTERN STATE BANK

No. 20070066.

750 N.W.2d 412 (2008)

2008 ND 104

ALERUS FINANCIAL, N.A., and S. Luther Simonson, as Trustees of the Robert F. Fritz Living Trust, Plaintiffs and Appellants v. WESTERN STATE BANK and A.G. Edwards & Sons, Inc., corporations, Defendants and Appellees.

Supreme Court of North Dakota.

June 5, 2008.

Attorney(s) appearing for the Case

Stephen F. Rufer, Pemberton, Sorlie, Rufer and Kershner, P.L.L.P., Fergus Falls, MN, for plaintiffs and appellants.

Roger James Minch, Fargo, N.D., for defendant and appellee Western State Bank.

Ronald H. McLean (argued) and Jane L. Dynes (on brief), Fargo, N.D. for defendant and appellee A.G. Edwards & Sons, Inc.

CROTHERS, Justice.

[¶ 1] Alerus Financial, N.A., and S. Luther Simonson, the current successor trustees of the Robert F. Fritz Living Trust ("Trustees"), appeal from a summary judgment granted to Western State Bank and A.G. Edwards & Sons, Inc. We conclude the district court did not err in granting A.G. Edwards summary judgment because the Trustees failed to raise a genuine issue of material fact that former trustee Dale Gifford was not authorized to withdraw...

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