CITY OF GRAND FORKS v. MIK-LAN RECREATION ASS'N

Civ. Nos. 870148, 870240.

421 N.W.2d 806 (1988)

CITY OF GRAND FORKS, a municipal corporation; Richard A. Ohlsen, on behalf of himself and all others similarly situated, Plaintiffs and Appellants, v. MIK-LAN RECREATION ASSOCIATION, INC., a North Dakota non-profit corporation; Botsford and Rice, Inc.; and all persons having or claiming an estate or interest in, or lien or encumbrance upon, the property described in the Complaint, Defendants, and The Unsecured Creditors Committee of the Estate of Paul S. Symington, Debtor in Bankruptcy, Defendant and Appellee. The UNSECURED CREDITORS COMMITTEE OF the ESTATE OF Paul S. SYMINGTON, Debtor in Bankruptcy, Plaintiff and Appellee, v. MIK-LAN RECREATION ASSOCIATION, INC., a North Dakota Non-Profit Corporation, Defendant, and City of Grand Forks, and Richard A. Ohlsen, on behalf of himself and all others similarly situated, Appellants.

Supreme Court of North Dakota.

March 29, 1988.


Attorney(s) appearing for the Case

Howard D. Swanson, Grand Forks, for plaintiff and appellant City of Grand Forks.

Ralph F. Carter of Mack, Moosbrugger, Ohlsen, Dvorak & Carter, Grand Forks, for plaintiff and appellant Richard A. Ohlsen.

Raymond J. German of German & Neil, East Grand Forks, Minn., for defendant and appellee.


VANDE WALLE, Justice.

The City of Grand Forks and Richard A. Ohlsen, on behalf of himself and all others similarly situated, appealed from two orders denying their motions for relief from a default judgment under Rule 60(b), N.D.R. Civ.P. We reverse and remand for further proceedings.

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