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EHRICHS v. KEARNEY

No. 83-1638.

730 F.2d 1170 (1984)

Warren EHRICHS, Appellant, v. Robert D. KEARNEY, Appellee.

United States Court of Appeals, Eighth Circuit.

Decided March 28, 1984.

Rehearing and Rehearing Denied April 26, 1984.

Attorney(s) appearing for the Case

Nicholas J. Spaeth, Vogel, Brantner, Kelly, Knutson, Weir & Bye, Ltd., Fargo, N.D., for appellant.

Michael D. Nelson, Ohnstad, Twichell, Breitling, Rosenvold, Wanner, Nelson, Neugebauer & Maring, P.C., West Fargo, N.D., for appellee.

Before HEANEY, ROSS and FAGG, Circuit Judges.

Rehearing and Rehearing En Banc Denied April 26, 1984.

HEANEY, Circuit Judge.

Warren Ehrichs appeals from a district court judgment in favor of Robert Kearney on Ehrichs' action for an accounting for the surplus of assets of Ehrichs Manufacturing Company after a foreclosure sale or for recovery of benefits under the theory of unjust enrichment. He alleges that the court erroneously denied him relief under either theory based on an oral agreement whereby Ehrichs...

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