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EISENZIMMER v. CITY OF BALFOUR

Civ. No. 10584.

352 N.W.2d 628 (1984)

Wendelin EISENZIMMER, Petitioner and Appellant, v. CITY OF BALFOUR, a Municipal Corporation, and Other Interested Persons, Respondents and Appellees.

Supreme Court of North Dakota.

July 18, 1984.

Attorney(s) appearing for the Case

Clifford C. Grosz, Harvey, for petitioner and appellant (submitted on brief).

Michael S. McIntee, Towner, for respondent and appellee City of Balfour (submitted on brief).

VANDE WALLE, Justice.

Wendelin Eisenzimmer appealed from a "judgment" of the district court of McHenry County denying his petition to vacate a portion of the plat of the City of Balfour. We affirm the order denying the petition.

Before considering the appeal on the merits we must decide whether or not there is an appealable order before us. The notice of appeal states it is "from the Judgment entered in this action on November 1, 1983." No judgment was, in...

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