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BYE v. ELVICK

Civ. No. 10290.

336 N.W.2d 106 (1983)

Duane BYE and Marjorie Bye, Plaintiffs and Appellees, v. Roger N. ELVICK and Roger N. Elvick 1978 Trust, John Doe, Trustee, Defendants and Appellants.

Supreme Court of North Dakota.

June 24, 1983.

Attorney(s) appearing for the Case

Tenneson, Serkland, Lundberg, Erickson & Marcil, Fargo, for plaintiffs and appellees; argued by Ronald McLean, Fargo.

Mabley, Manske & Wall, Roseville, Minn., and Stefanson, Landberg & Alm, Moorhead, Minn., for defendants and appellants Roger N. Elvick and Roger N. Elvick 1978 Trust; argued by Frank Mabley, Roseville, Minn.

Williamson, Bains, Moore & Hansen, Minneapolis, Minn., and Van Osdel, Foss & Miller, Fargo, for Roger N. Elvick 1978 Trust.

PEDERSON, Justice.

MOTION TO DISMISS APPEAL

Before we reveal the facts in this case and consider the substance of the appeal, we must first consider the motion by the Byes to dismiss the appeal because of Elvick's alleged failure to comply with the North Dakota Rules of Appellate Procedure.

The trial of this action consumed twenty days and involved a difficult and confusing factual situation which presented complex legal issues. The action was tried...

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