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MIDWEST FEDERAL SAV. BANK v. SYMINGTON

Civ. Nos. 11211-11214.

393 N.W.2d 753 (1986)

MIDWEST FEDERAL SAVINGS BANK, Plaintiff and Appellee, v. Paul S. SYMINGTON, Defendant and Appellant, and Lois J. Symington, Dave Parker and D.J. Parker, Inc., Employee's Pension Plan & Trust; And all other persons unknown claiming any estate or interest in or lien or encumbrance upon the real estate described in the Complaint, Defendants. MIDWEST FEDERAL SAVINGS BANK, Plaintiff and Appellee, v. Paul S. SYMINGTON, Defendant and Appellant, and Lois J. Symington, First National Bank in Grand Forks; Dave Parker and D.J. Parker, Inc., Employee's Pension Plan & Trust; And all other persons unknown claiming any estate or interest in or lien or encumbrance upon the real estate described in the Complaint, Defendants. BUSHEE PROPERTY MANAGEMENT, INC., on Behalf of MIDWEST FEDERAL SAVINGS BANK, a North Dakota corporation, Plaintiff and Appellee, v. Paul SYMINGTON, d/b/a St. James Place Apartments, Defendant and Appellant.

Supreme Court of North Dakota.

September 30, 1986.

Attorney(s) appearing for the Case

Karen K. Braaten, Grand Forks, for plaintiff and appellee Midwest Federal Sav. Bank.

Nelson, Kalash & Molenaar, Grand Forks, for plaintiff and appellee Bushee Property Management, Inc., submitted on brief.

Bruce E. Bohlman, Grand Forks, for Richard L. Nelson, Trustee in Bankruptcy for defendant and appellant Paul Symington.

VANDE WALLE, Justice.

Paul Symington has appealed from a memorandum decision clarifying the district court's previous memorandum decision that addressed various questions concerning a trustee's collection of rents from and payment of expenses for commercial property undergoing foreclosure. We dismiss the appeal.

The right of appeal in this State is statutory and is a jurisdictional matter which we may consider sua...

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