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VORACHEK v. CITIZENS STATE BANK OF LANKIN

Civ. No. 890229.

461 N.W.2d 580 (1990)

Joseph VORACHEK, Georgetta Vorachek, Bernadine Mahon, Lynette O'Linn, State ex rel. Citizens State Bank of Lankin, Plaintiffs and Appellees, v. CITIZENS STATE BANK OF LANKIN, a North Dakota corporation, LaVerne Gaarder, personally and as Personal Representative of M.W. Vorachek Estate, Defendants and Appellants, and Roger Vorachek and W.J. Vorachek, Defendants and Appellees.

Supreme Court of North Dakota.

October 2, 1990.

Attorney(s) appearing for the Case

Michael J. Williams (argued), Fargo, for plaintiff and appellee Joseph Vorachek.

Fleming, DuBois & Trenbeath, Cavalier, for plaintiffs and appellees Bernadine Mahon and Lynette O'Linn; argued by Neil W. Fleming.

Stenehjem, Foss & Moore, Bismarck, for defendant and appellant Citizens State Bank of Lankin; argued by Marilyn Foss.

LaVerne Gaarder, Edmore, pro se.

Hamilton, Juntunen & Cilz, Grand Forks, for defendant and appellee W.J. Vorachek; argued by R. Lee Hamilton.

GIERKE, Justice.

The Citizens State Bank of Lankin and LaVerne Gaarder appealed from a district court order granting the plaintiffs' request for an "interim court monitor" to observe and report on the operations of the Bank pending a final determination of the merits of this shareholder derivative action. We treat the appeal as a petition for exercise of our supervisory jurisdiction, and we deny the petition in part and grant the petition in part.

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