Lang v. Bank of Steele
Case Date: 11/20/1989
Docket No: 890141
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Lang v. Bank of SteeleCivil No. 890141 Meschke, Justice. Ernest Lang appealed from a judgment dismissing his claim against Bank of Steele for lack of evidence. Lang contended that facts recognized in the Bank's trial brief created "sufficient evidence" to avoid the Bank's motion for a directed verdict under NDRCivP 50(a). We conclude that there was insufficient evidence to show that the Bank wrongfully damaged Lang by failing to file a termination statement for its previously filed financing statement on Lang's property. Therefore, we affirm under NDRAppP 35.1(a)(6). Furthermore, this claim was considered and rejected in a prior lawsuit between the same parties. See Bank of Steele v. Lang, 441 N.W.2d 648, 650 (N.D. 1989) and NDRCivP 13(a). Herbert L. Meschke
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