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NATIONAL POOL BUILDERS v. SUMMIT NAT. BANK

No. 48443.

281 N.W.2d 181 (1979)

NATIONAL POOL BUILDERS, INC., Plaintiff, v. SUMMIT NATIONAL BANK, Defendant and Third-Party Plaintiff, Respondent, v. Richard A. ZAPPA, et al., Third-Party Defendants, Appellants.

Supreme Court of Minnesota.

June 15, 1979.

Attorney(s) appearing for the Case

George C. Gubbins, Jr., Deephaven, Thomas J. Stearns, St. Paul, for appellants.

Briggs & Morgan, David C. Forsberg, and Bonnie L. Berezovsky, St. Paul, for respondent.

Heard before ROGOSHESKE, PETERSON, and KELLY, JJ., and considered and decided by the court en banc.

PETERSON, Justice.

Appellants, Richard Zappa, Diana M. Zappa, Neil Wichterman, and Peggy Wichterman, claim that defendant, Summit National Bank, breached an agreement to lend $50,000 to RAZ Enterprises, Inc., d. b. a. Viking Swimming Pool Company and Recreational Supply (hereafter RAZ), an enterprise run by Richard Zappa and Neil Wichterman,1 and wrongfully dishonored a check for $11,818.75 issued by RAZ, thereby damaging appellants in...

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