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STATE v. LIBERTY NAT. BANK AND TRUST CO.

Civ. No. 870256.

427 N.W.2d 307 (1988)

STATE of North Dakota, Plaintiff and Appellant, v. LIBERTY NATIONAL BANK AND TRUST COMPANY, a North Dakota Corporation, Defendant and Appellee.

Supreme Court of North Dakota.

June 28, 1988.

Attorney(s) appearing for the Case

Allen C. Hoberg (argued), Asst. Atty. Gen., Atty. General's Office, Bismarck, for plaintiff and appellant. Appearance by Nicholas J. Spaeth.

Mackoff, Kellogg, Kirby & Kloster, P.C., Dickinson, for defendant and appellee, argued by Gordon W. Schnell. Appearance by Mary E. Maichel.

Keith C. Magnusson (argued), Bismarck, for amicus curiae N.D. Bankers Ass'n.

LEVINE, Justice.

The State appeals from a district court summary judgment dismissing its divestiture action against Liberty National Bank and Trust Company [Liberty National] on the ground that the three-year limitation for holding farmland under § 10-06-13(5), N.D.C.C., of the corporate farming laws is not applicable to Liberty National because the state provision is pre-empted by 12 U.S.C. § 29 of the National Bank Act. We reverse.

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