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MARTINSON v. RAUGUTT

Civ. No. 10534.

346 N.W.2d 289 (1984)

Michael A. MARTINSON, Plaintiff and Appellant, v. Walter RAUGUTT, in his official capacity as Sheriff of Dickey County, and First National Bank of Oakes, North Dakota, a corporation, Defendants and Appellees.

Supreme Court of North Dakota.

March 29, 1984.

Attorney(s) appearing for the Case

Fleming & DuBois, Cavalier, for plaintiff and appellant; argued by Neil W. Fleming, Cavalier.

Tenneson, Serkland, Lundberg, Erickson & Marcil, Fargo, for defendant and appellee First National Bank of Oakes; argued by Roger J. Minch, Fargo.

James N. Purdy, State's Atty., Ellendale, for defendant and appellee Walter Raugutt.

GIERKE, Justice.

Martinson has appealed from a judgment that only partially disposes of an action in which "more than one claim for relief is presented ...." Rule 54(b), NDRCivP. We dismiss the appeal.

While neither party has questioned the appealability of the judgment in issue, "[i]t is the duty of this Court to dismiss an appeal on our own motion if we conclude that the attempted appeal fails to grant jurisdiction." Hennebry v. Hoy,

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