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FIRST FEDERAL SAV. AND LOAN ASS'N v. SCHERLE

Civ. No. 10706.

356 N.W.2d 894 (1984)

FIRST FEDERAL SAVINGS AND LOAN ASSOCIATION OF BISMARCK, a corporation, Plaintiff and Appellant, v. Ruben C. SCHERLE, a.k.a. Rueben C. Scherle; James G. Glatt; Richard D. Olson, and Kent M. Johanneson, Defendants and Appellees.

Supreme Court of North Dakota.

October 26, 1984.

Attorney(s) appearing for the Case

Rausch & Rausch, Bismarck, for plaintiff and appellant; argued by James P. Rausch, Bismarck.

Rosenberg & Baird, Bismarck, for defendants and appellees Ruben C. Scherle, a.k.a. Rueben C. Scherle, and James G. Glatt; appearance by Max D. Rosenberg, Bismarck; argued by Thomas F. Kelsch, Bismarck.

Kelsch, Kelsch, Bennett, Ruff & Austin, Bismarck, for defendants and appellees Richard D. Olson and Kent M. Johanneson; argued by Thomas F. Kelsch, Bismarck.

SAND, Justice.

First Federal Savings and Loan of Bismarck (First Federal) appealed from a summary judgment which dismissed its complaint against the defendants, Ruben C. Scherle, a.k.a. Rueben C. Scherle, James G. Glatt, Richard D. Olson, and Kent M. Johanneson.

In September 1981 First Federal loaned $1,420,000 to East Plaza Development (East Plaza), a partnership comprised of the four defendants. East Plaza, by its partners, signed a promissory note for that...

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