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BRAKKE v. RUDNICK

Civ. No. 11339.

409 N.W.2d 326 (1987)

Ronald D. BRAKKE and Alice M. Brakke, Plaintiffs and Appellants, The Estate of Jean M. Brakke; and Nancy Bye, Guardian for Timothy Duane Brakke, Ronald Daren Brakke and Kara Jean Brakke, Plaintiffs, v. Donald RUDNICK, as an individual and as Sheriff of the County of Cass, the State of North Dakota; Robert Hoy, as an individual and as States Attorney for said State of North Dakota; Deputy Sheriffs, County of Cass: Rodney Kitzan, Steven Dawson, Steven Gabrielson, Mike Kelly, Robert Brandon, Arland Rasmussen, Dean Fercho, Rick Majerus, Tony Krogh, Bud Warren, Greg Holm, Dean Wavers, Larry Burbach, Jim Thoreson, Glenn Ellingsberg; Jerald Beck; William Yuill; Lillian Stegman; Robert Steffes; Dakota Bank and Trust Company together with its Officers and as individuals Dan Stroh, Earl Schouweiler and Dan Schalek; John Doe and Mary Doe, Defendants and Appellees.

Supreme Court of North Dakota.

June 24, 1987.

Attorney(s) appearing for the Case

Ronald A. Brakke and Alice M. Brakke, pro se, argued by Wendy A. Nora, Minneapolis, Minn.

Wegner, Fraase, Nordeng & Johnson, Fargo, for defendants and appellees Donald Rudnick, Robert Hoy, Rodney Kitzan, Steven Dawson, Steven Gabrielson, Mike Kelly, Robert Brandon, Arland Rasmussen, Dean Fercho, Rick Majerus, Tony Krogh, Bud Warren, Greg Holm, Dean Wavers, Larry Burbach, Jim Thoreson and Glenn Ellingsberg; argued by Mervin D. Nordeng.

Gunhus, Grinnell, Klinger, Swenson & Guy, Moorhead, Minn., for defendant and appellee Robert Steffes; argued by Barry P. Hogan.

Lamb, McNair, Larson & Carlson, Fargo, for defendants and appellees Dakota Bank and Trust Co., Dan Stroh, Earl Schouweiler and Dan Schalek; argued by Bruce H. Carlson.

William Yuill, Fargo, pro se. Submitted on brief.

Jerald Beck, Riverside, pro se. Submitted on brief.

ERICKSTAD, Chief Justice.

The plaintiffs appeal from a district court order dismissing their complaint without prejudice, enjoining them from commencing a lawsuit within the district without first submitting their pleading to the court, and awarding the defendants costs, disbursements and attorney's fees. We affirm in part and reverse in part.

The factual circumstances underlying this action involve the repossession of a tractor on the Ronald Brakke farm on...

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