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EAST GRAND FORKS FEDERAL S. & L. ASS'N v. MUELLER

Civ. No. 8758.

192 N.W.2d 744 (1971)

EAST GRAND FORKS FEDERAL SAVINGS AND LOAN ASSOCIATION, Plaintiff and Appellant, v. Arnold R. MUELLER et al., Defendants and Respondents.

Supreme Court of North Dakota.

October 22, 1971.

Attorney(s) appearing for the Case

Stokes, Vaaler, Gillig, Warcup & Woutat, Grand Forks, for plaintiff and appellant.

Garry A. Pearson, Grand Forks, for defendant and respondent Red River Realty, Inc.

TEIGEN, Judge.

The respondent, Red River Realty, Inc., has moved for a dismissal of the appeal because of delay on the part of the appellant, East Grand Forks Federal Savings and Loan Association, to serve and file a record of the case and to prosecute the appeal. The motion is made under Rule 13 of the Rules of Practice in the Supreme Court of North Dakota, which provides:

"Rule 13. Affirmance or Dismissal upon Default. The respondent may apply to...

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