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GUZMAN v. WESTERN STATE BANK OF DEVILS LAKE, N. D.

Civ. No. 4826.

381 F.Supp. 1262 (1974)

Richard GUZMAN and Mary Ann Guzman, Plaintiffs, v. The WESTERN STATE BANK OF DEVILS LAKE, NORTH DAKOTA, a North Dakota corporation, et al., Defendants.

United States District Court, D. North Dakota, Northeastern Division.

September 25, 1974.

Attorney(s) appearing for the Case

Michael O. McGuire, Schuster, Ramlo & McGuire, Fargo, N. D., David R. Bossart, Conmy, Feste & Bossart, Fargo, N. D., for plaintiffs.

John C. Haugland, Duffy & Haugland, Devils Lake, N. D., Kermit Edward Bye, Vogel, Vogel, Brantner & Kelly, Fargo, N. D., for defendants.

MEMORANDUM OPINION

BENSON, Chief Judge.

In this action, plaintiffs, pursuant to 28 U.S.C. § 1331(a), § 2201, and § 2202, are challenging the constitutionality of Chapter 32-08 North Dakota Century Code (NDCC), and pursuant to 42 U.S. C. § 1983 and 28 U.S.C. § 1343(3) and § 1343(4) are seeking redress from the defendants. Defendants have moved under Rule 56, Federal Rules of Civil Procedure, for summary judgment of dismissal...

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