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FIRST NAT. BANK OF CROSBY v. BJORGEN

Civ. No. 11138.

389 N.W.2d 789 (1986)

FIRST NATIONAL BANK OF CROSBY, Plaintiff and Appellee, v. Lyle BJORGEN, Defendant and Appellant.

Supreme Court of North Dakota.

June 19, 1986.

Attorney(s) appearing for the Case

Bjella, Neff, Rathert, Wahl & Eiken, Williston, for plaintiff and appellee; argued by Charles L. Neff.

Rolfstad, Winkjer, McKennett & Stenehjem, Williston, for defendant and appellant; argued by Kent Reierson.

ERICKSTAD, Chief Justice.

Lyle Bjorgen, the defendant, appeals from a district court order dismissing his motion to set aside the partial summary judgment pursuant to Rule 60(b), N.D.R. Civ.P. We affirm.

On January 10, 1983, Bjorgen executed a note in favor of First National Bank of Crosby in the amount of $90,000. To secure this note Bjorgen executed a mortgage covering the following described real estate located in Divide County, North Dakota:

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