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QUALITY BANK v. CAVETT

No. 20100024.

788 N.W.2d 629 (2010)

2010 ND 183

QUALITY BANK, Plaintiff and Appellee and Timothy CAVETT, Plaintiff v. Lynette CAVETT, a/k/a Lynnette Cavett, Defendant and Appellant.

Supreme Court of North Dakota.

September 21, 2010.

Attorney(s) appearing for the Case

Peter W. Zuger (argued) and Brad A. Sinclair (appeared), Fargo, ND, for plaintiff and appellee.

Rudra Tamm (argued), Bismarck, ND, for defendant and appellant.

KAPSNER, Justice.

[¶ 1] Lynette Cavett, a/k/a Lynnette Cavett, appeals a district court's summary judgment dismissing her counterclaim against Quality Bank. We hold the district court correctly concluded on this record that Quality Bank was entitled to judgment as a matter of law and affirm the summary judgment.

I.

[¶ 2] Cavett opened a checking account at Quality Bank in October 2003 and used the account as part of her hog raising operation...

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