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POYZER v. AMENIA SEED AND GRAIN CO.

Civil Nos. 11412, 11413.

409 N.W.2d 107 (1987)

A.W. POYZER and Bonita Poyzer, Plaintiffs and Appellees, v. The AMENIA SEED AND GRAIN COMPANY, a North Dakota Corporation, Defendant, and Cargill Incorporated, a Delaware Corporation, Defendant and Appellant. Myrtle H. POYZER, Plaintiff and Appellee, v. The AMENIA SEED AND GRAIN COMPANY, a North Dakota Corporation, Defendant, and Cargill Incorporated, a Delaware Corporation, Defendant and Appellant.

Supreme Court of North Dakota.

June 30, 1987.

Attorney(s) appearing for the Case

Nilles, Hansen & Davies, Fargo, for plaintiffs and appellees; argued by Daniel J. Crothers.

Daniel L. Wentz, Fargo, for defendant and appellant.

LEVINE, Justice.

Cargill, Incorporated [Cargill], appeals from judgments foreclosing real estate mortgages given by Amenia Seed and Grain Company [ASGC] to A.W. and Bonita Poyzer and to Myrtle Poyzer. We affirm.

The facts relevant to this appeal are set out in an earlier appeal, Poyzer v. Amenia Seed and Grain Co., 381 N.W.2d 192 (N.D. 1986), and will not be repeated here. In the previous appeal, we held that the...

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