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WESTHOFF v. KLEM

Civ. No. 880248.

436 N.W.2d 243 (1989)

Theresa WESTHOFF, formerly known as Theresa Klem, Plaintiff and Appellee, v. Ernest KLEM, Defendant and Appellant. and United States of America, acting through the Internal Revenue Service, Edward J. Barta, Marjorie Barta, Power Brake Midwest, Dickinson Tire and Retread, and State of North Dakota, Defendants.

Supreme Court of North Dakota.

February 20, 1989.

Attorney(s) appearing for the Case

William D. Schmidt, of Wheeler, Wolf, Peterson, Schmitz, McDonald & Johnson, Bismarck, for plaintiff and appellee.

Irvin B. Nodland, of Lundberg, Nodland, Schulz, Lervick & Tharaldson, Bismarck, for defendant and appellant.

VANDE WALLE, Justice.

Ernest Klem has appealed from a district court judgment in a quiet-title action commenced by his former wife, Theresa Westhoff. We reverse and remand.

On April 17, 1984, Theresa commenced an action for a divorce from Ernest. On June 3, 1985, an order was entered that granted Theresa a divorce from Ernest, but did not address any other issues in the divorce proceeding. On July 23, 1985, Theresa executed a stipulation by which she and Ernest...

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