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STATE OF N.D. v. FREDERICKS

No. 90-5262.

940 F.2d 333 (1991)

The STATE OF NORTH DAKOTA, doing business as the Bank of North Dakota, Appellee, v. John FREDERICKS, Jr., a/k/a John B. Fredericks, Jr., and Judy Fredericks, husband and wife; Candace T. Fredericks, a/k/a Candace Fredericks; United States of America, acting through the Farmers Home Administration, United States Department of Agriculture; Southwest Grain Cooperative; Lorene Siedel; and Woody's Feed and Grain Co., Appellants.

United States Court of Appeals, Eighth Circuit.

Decided July 31, 1991.

Attorney(s) appearing for the Case

Irvin B. Nodland, Bismarck, N.D., for appellants.

Lawrence R. Klemin, Bismarck, N.D., for appellee. Nicholas J. Spaeth and Lawrence R. Klemin, Bismarck, N.D., on the brief.

Before LAY, Chief Judge, McMILLIAN and ARNOLD, Circuit Judges.

ARNOLD, Circuit Judge.

From this foreclosure action comes a nice question of the removal jurisdiction of the federal courts. The District Court1 upheld its own jurisdiction and foreclosed the mortgage. John Fredericks, Jr., and his family, the borrowers, appeal. No question is raised as to the merits. Appellants contend only that the District Court lacked jurisdiction. We affirm.

I.

The Frederickses borrowed money, giving...

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