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FIRST NATIONAL BANK OF MILNOR v. YAGOW

Civ. No. 870153.

415 N.W.2d 806 (1987)

FIRST NATIONAL BANK OF MILNOR, Plaintiff and Appellee, v. Merlyn YAGOW, Delores Yagow, and Kevin Yagow, Defendants and Appellants.

Supreme Court of North Dakota.

November 23, 1987.

Attorney(s) appearing for the Case

Vogel, Brantner, Kelly, Knutson, Weir & Bye, Ltd., Fargo, for plaintiff and appellee; argued by Jon R. Brakke.

Rudolph Lion Zalowitz, Elizabeth, for defendants and appellants. Appearance by DeLayne G. Nassif.

MESCHKE, Justice.

Merlyn, Delores, and Kevin Yagow appeal from a judgment evicting them from their home on farmland owned by First National Bank of Milnor. We affirm.

The Bank purchased the land from a Liquidating Agent appointed by the Bankruptcy Court in the bankruptcy estate of Merlyn and Delores Yagow. By statute, 11 U.S.C. 363(f) (1985), the sale was made "free and clear" and was approved by the Bankruptcy...

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