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PRODUCTION CREDIT ASS'N OF MINOT v. LUND

Civ. No. 11135.

389 N.W.2d 585 (1986)

PRODUCTION CREDIT ASSOCIATION OF MINOT, a corporation, Plaintiff and Appellee, v. Thelma LUND and Kelly D. Lund, Personal Representative of the Estate of Arnold R. Lund, Deceased, Defendants and Appellants.

Supreme Court of North Dakota.

June 9, 1986.

Attorney(s) appearing for the Case

Malcolm H. Brown, of Bair, Brown & Kautzmann, Mandan, for plaintiff and appellee.

Lyle G. Witham (argued) and Robert J. Lamont, of Lamont Law Office, Minot, for defendants and appellants.

Nicholas J. Spaeth, Atty. Gen., and Steven E. Noack (argued) and Sarah M. Vogel, Asst. Attys. Gen., Bismarck, for amicus curiae State.

Keith C. Magnusson, Bismarck, for amicus curiae North Dakota Bankers Assn.

Nancy J. Hellerud, Minot, and James Fitzsimmons, New Town, for amicus curiae Farm Law Project, sponsored by North Dakota Legal Services and Legal Assistance of North Dakota.

VANDE WALLE, Justice.

Thelma Lund and Kelly Lund, personal representative of the estate of Arnold Lund, appealed from an amended judgment of the district court foreclosing two mortgages held by the plaintiff, Production Credit Association of Minot (PCA), and denying the Lunds' request to reopen the judgment under Rule 60(b), N.D.R.Civ.P. We reverse that part of the amended judgment denying the Lunds' motion to vacate the judgment, and we remand for further proceedings...

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