STURDEVANT v. SAE WAREHOUSE, INC

Civ. Nos. 9432-A to 9432-C.

310 N.W.2d 749 (1981)

Glen A. STURDEVANT, Plaintiff and Appellee, v. SAE WAREHOUSE, INC., a North Dakota Corporation, Richard Sturdevant, James Sturdevant, Terry Sturdevant, individually and as Executors of the Estate of Virgil Sturdevant, deceased, and Trustees of the "Lucylle Trust" and "Residuary Trust" of the Virgil Sturdevant Estate, Defendants and Appellees, v. Robert STURDEVANT, Intervening Defendant and Appellant. Glen A. STURDEVANT, Plaintiff and Appellee, v. STURDEVANT'S AUTO PARTS, INC. OF OAKES, a North Dakota Corporation, Richard Sturdevant, James Sturdevant and Terry Sturdevant, individually and as Executors of the Estate of Virgil Sturdevant, deceased, and Trustees of the "Lucylle Trust" and "Residuary Trust" of the Virgil Sturdevant Estate, Defendants and Appellees, v. Robert STURDEVANT, Intervening Defendant and Appellant. Glen A. STURDEVANT, Plaintiff and Appellee, v. Richard STURDEVANT, James Sturdevant and Terry Sturdevant, individually and as Executors of the Estate of Virgil Sturdevant, deceased, and Trustees of the "Lucylle Trust" and "Residuary Trust" of the Virgil Sturdevant Estate, Defendants and Appellees, v. Robert STURDEVANT, Intervening Defendant and Appellant.

Supreme Court of North Dakota.

October 7, 1981.


Attorney(s) appearing for the Case

Vogel, Brantner, Kelly, Knutson, Weir & Bye, Fargo, for defendants and appellees James Sturdevant and Terry Sturdevant, individually; argued by C. Nicholas Vogel, Fargo.

Thysell, Gjevre, McLarnan, Hannaher, Vaa & Skatvold, Moorhead, Minn., and Roderic E. Schuster, Fargo, for intervening defendant and appellant Robert Sturdevant; argued by Galen J. Vaa, Moorhead, Minn.

Johnson, Milloy, Johnson & Stokes, Wahpeton, for defendants and appellees SAE, James Sturdevant, and Terry Sturdevant as Executors of the Estate of Virgil Sturdevant, deceased, and Trustees of the "Lucylle Trust" and "Residuary Trust" of the Virgil Sturdevant Estate.

Odell M. Astrup, Fargo, for defendant and appellee Richard Sturdevant.


ERICKSTAD, Chief Justice.

This is an appeal by the intervening defendant, Robert Sturdevant, from an order of the District Court of Richland County, dated October 18, 1980, denying Robert's motion under Rule 60(b), N.D.R.Civ.P., to vacate the court's May 8, 1979, order. We affirm.

This matter is a continuation of protracted litigation arising after the death of Virgil Sturdevant regarding the settlement of his estate...

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