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LARSEN v. ROBERTS

No. 83-98.

676 P.2d 1046 (1984)

Glen Lloyd LARSEN and Margaret Leann Larsen, husband and wife, individually, jointly and severally, Appellants (Defendants), v. H.C. ROBERTS, Jr., and Lavonne Roberts, husband and wife, Appellees (Plaintiffs).

Supreme Court of Wyoming.

February 8, 1984.

Attorney(s) appearing for the Case

Michael D. Zwickl, Casper, for appellants.

Robert O. Anderson of Andrews & Anderson, P.C., Riverton, for appellees.

Before ROONEY, C.J., and THOMAS, ROSE, BROWN and CARDINE, JJ.

CARDINE, Justice.

This appeal is from the granting of a summary judgment in a civil action brought to foreclose a mortgage upon real property.

Appellants raise a single issue on appeal:

"Whether the District Court may accept affidavits in support of a motion for summary judgment that were not filed contemporaneously with the motion as required by Wyoming Rules of Civil Procedure, Rule 6(d)[

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