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HEIDT v. STATE

Civ. No. 10877.

372 N.W.2d 857 (1985)

Dallas A. HEIDT and Elaine E. Heidt, Plaintiffs and Appellants, v. STATE of North Dakota, Defendant and Appellee.

Supreme Court of North Dakota.

August 15, 1985.

Attorney(s) appearing for the Case

Thomas A. Dickson (argued), of Lundberg, Conmy, Nodland, Lucas & Schulz, Bismarck, for plaintiffs and appellants.

Robert P. Bennett, Asst. Atty. Gen., Bismarck, for defendant and appellee.

GIERKE, Justice.

This is an appeal by Dallas A. Heidt and Elaine E. Heidt [the Heidts] from an order denying their motion to enjoin foreclosure by advertisement. We reverse the order and remand for the entry of an order granting the injunction.

The Heidts conducted a farm ranch operation. On September 3, 1975, the Heidts borrowed $150,000 from the State of North Dakota. They secured this loan with the execution of a real estate mortgage on approximately 2...

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