[Go to Docket] | Filed Oct. 26, 1993 |
Ricky D. Walter, Plaintiff and Appellant
and
Terry Walter, Plaintiff
v.
Allan Garnaas, as Personal Representative of the Estate of A. L. Garnaas, a/k/a Alf L. Garnaas, deceased, Defendant and Appellee
and
Federal Deposit Insurance Corporation, as receiver of the Farmers and Merchants Bank of Sheyenne, North Dakota, Defendant
Civil No. 930084
Appeal from the District Court for Eddy County, Southeast Judicial District, the Honorable John T. Paulson, Judge.
AFFIRMED.
Per Curiam.
John W. Frith of Frith, Schwarz & Steffan, P.O. Box 1045, Devils Lake, N.D. 58301, for plaintiff and appellant. Submitted on brief.
Grant H. Shaft of Shaft, Reis, Shaft & Sogard, P.O. Box 1114, Grand Forks, N.D. 58206-1114, for defendant and appellee. Submitted on brief.
Walter v. Garnaas
Per Curiam.
Ricky Walter appealed from a district court summary judgment, asserting that there are material issues of fact regarding the personal liability of A. L. Garnaas, former president of the Farmers and Merchants Bank of Sheyenne, for failure to timely provide a promised bank loan. The judgment is affirmed pursuant to Rule 35.1(a)(6), N.D.R.App.P.
The personal representative of Garnaas's estate seeks attorney's fees under Rule 38, N.D.R.App.P. The appeal is not frivolous and the personal representative is not entitled to an award of attorney's fees.
Dale V. Sandstrom
William A. Neumann
Beryl J. Levine
Herbert L. Meschke
Gerald W. VandeWalle, C.J.