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CITIZENS STATE BANK-MIDWEST v. SYMINGTON

No. 20090216.

780 N.W.2d 676 (2010)

2010 ND 56

CITIZENS STATE BANK-MIDWEST, Plaintiff and Appellee v. Myron SYMINGTON, Defendant and Appellant and Rodney Lee Symington and Michael Corey Symington, as Trustees of the Myron Symington Irrevocable Trust, Defendant.

Supreme Court of North Dakota.

April 6, 2010.

Attorney(s) appearing for the Case

Tracy Ann Kennedy (argued) and Bradley Wayne Parrish (appeared), Grand Forks, N.D., for plaintiff and appellee.

Lawrence A. Dopson, Bismarck, N.D., for defendants and appellant.

KAPSNER, Justice.

[¶ 1] Myron Symington appeals from a partial summary judgment requiring him to pay Citizens State Bank $213,225.94, plus interest, on a guaranty for debt of a business owned by his son, Barry Symington. We hold the district court did not abuse its discretion in certifying the partial summary judgment as final under N.D.R.Civ.P. 54(b), but we hold the court erred in granting the summary judgment. We reverse and remand.

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