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SCHWARTING v. SCHWARTING

Civ. No. 10610.

354 N.W.2d 706 (1984)

LeRoy H. SCHWARTING and Marie Schwarting, Plaintiffs, Appellees and Cross-Appellants, v. LaDonna SCHWARTING (now LaDonna Olson), Defendant, Appellant and Cross-Appellee.

Supreme Court of North Dakota.

August 30, 1984.

Attorney(s) appearing for the Case

Chapman & Chapman, Bismarck, for plaintiffs, appellees and cross-appellants; argued by Daniel J. Chapman, Bismarck.

Rausch & Rausch, Bismarck, for defendant, appellant and cross-appellee; argued by Richard P. Rausch, Bismarck.

GIERKE, Justice (On Reassignment).

LeRoy and Marie Schwarting, the unsuccessful litigants in Schwarting v. Schwarting, 310 N.W.2d 738 (N.D.1981), brought an action against LaDonna Schwarting for the fair rental value of the land at issue in the prior proceeding which LaDonna occupied during 1981 while that case was pending appeal. In Schwarting, we upheld a district court judgment ordering LeRoy and Marie to specifically...

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