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FEDERAL LAND BANK OF ST. PAUL v. BENNETT

No. C4-89-580.

445 N.W.2d 279 (1989)

FEDERAL LAND BANK OF ST. PAUL, Appellant, v. Roger D. BENNETT, Defendant, Adeline L. Walters, Respondent.

Court of Appeals of Minnesota.

September 12, 1989.

Attorney(s) appearing for the Case

Ted E. Deaner, O'Brien, Ehrick, Wolf, Deaner & Downing, Rochester, for appellant.

E. Kent Christian, Rochester, for defendant and respondent.

Heard, considered and decided by RANDALL, P.J., and SCHUMACHER and THOREEN, JJ.

OPINION

SCHUMACHER, Judge.

Appellant bank foreclosed the mortgage on respondent's property and sold the property at a sheriff's sale. Appellant then commenced an action seeking a deficiency judgment by serving respondent with a summons and complaint. Respondent brought a summary judgment motion claiming that appellant had violated Minn. Stat. § 582.30, subd. 5(a) (1988) by not filing the complaint in district court within 90 days. The trial court granted...

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