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NAT. CREDIT UNION SHARE INS. v. UNIV. DEVELOPERS

Civ. No. 10352.

335 N.W.2d 559 (1983)

NATIONAL CREDIT UNION SHARE INSURANCE FUND, Plaintiff and Appellee, v. UNIVERSITY DEVELOPERS, a North Dakota Limited Partnership consisting of John B. Soli and Garry A. Pearson, Limited Partners, and University Developers, General Partner, a corporation; Defendants and Appellants, and All other persons unknown claiming any estate or interest in, or lien or encumbrance upon the property described in the complaint, Defendants.

Supreme Court of North Dakota.

June 24, 1983.

Attorney(s) appearing for the Case

Vaaler, Gillig, Warcup, Woutat, Zimney & Foster, Grand Forks, for plaintiff and appellee; argued by Alan B. Warcup, Grand Forks.

Degnan, McElroy, Lamb, Camrud, Maddock & Olson, Grand Forks, for defendants and appellants; argued by Gerald J. Haga, Grand Forks.

ERICKSTAD, Chief Justice.

This is an appeal by the defendants (University Developers) from a summary judgment in favor of the plaintiff, National Credit Union Share Insurance Fund (National), dated October 14, 1982, permitting National to foreclose a real estate mortgage on the following property (Village Resubdivision):

"All of Block `B', except Lots 12, 13, 14, 18, 19 and 20, Replat of Block 2, Village Resubdivision No. 2, Grand Forks, North Dakota, according...

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