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STATE EX REL. HOLLOWAY v. FIRST AMERICAN B. & T. CO.

Civ. No. 8799.

197 N.W.2d 14 (1972)

STATE ex rel. Donald R. HOLLOWAY, Securities Commissioner, and Gilbert W. Ellwein, State Examiner of the State of North Dakota, Plaintiffs and Respondents, v. FIRST AMERICAN BANK & TRUST COMPANY, a domestic corporation, et al., Defendants and Appellants.

Supreme Court of North Dakota.

Rehearing Denied May 18, 1972.

Attorney(s) appearing for the Case

Frederick E. Saefke, Jr., and Thompson, Lundberg & Nodland, Bismarck, for defendants and appellants.

Helgi Johanneson, Atty. Gen., and Arley Bjella, Frank Jestrab and John Gordon, Sp. Asst. Attys. Gen., Williston, for plaintiffs and respondents.

TEIGEN, Judge.

The defendants (hereinafter trust company) have appealed from an order denying a motion for permission to file a supplemental pleading under Rule 15(d) (1) of the North Dakota Rules of Civil Procedure. The rule reads as follows:

"Upon motion of a party the court may, upon reasonable notice and upon such terms as are just, permit him to serve a supplemental pleading setting forth transactions or occurrences or events which have happened since...

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