DISCLAIMER:  The following unofficial case summaries are prepared by the clerk's office
                        as a courtesy to the reader. They are not part of the opinion of the court.

002118P.pdf   08/16/2001  BancInsure, Inc.  v.  BNC National Bank
   U.S. Court of Appeals Case No:  00-2118
                          and No:  00-3524
   District of North Dakota   
   Civil case - Banking. District court properly defined and applied 
   the concept of manifest intent with respect to BNC's employee's 
   actions under fidelity provisions of the financial institution bond 
   issued by BancInsure; court did not err in finding BancInsure had 
   reserved its right to seek a refund of money paid under the bond; 
   court did not err in using legal subrogation principles to achieve 
   an equitable adjustment between the parties; court did not err in 
   finding the amount of damages was not a sum certain and that 
   BancInsure was not entitled to prejudgment interest.