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ARTIACH TRUCKING, INC. v. WOLTERS

No. 18038.

798 P.2d 938 (1990)

118 Idaho 656

ARTIACH TRUCKING, INC., an Idaho corporation, Plaintiff-Respondent, v. Martin N. WOLTERS and D. Marie Wolters, husband and wife, Defendants-Appellants, and Y/K Investments, Inc., an Idaho corporation; Leo T. Kawakami, an individual; Ernest James Wolters and Ellen Jean Wolters, husband and wife; John Sudik; all persons in possession or claiming any right to possession, Defendants.

Court of Appeals of Idaho.

October 5, 1990.

Attorney(s) appearing for the Case

Stephen T. Sherer, Meridian and Arens and Alexander, Fayetteville, Ark., for appellant. Karen Pope argued.

Eberle, Berlin, Kading, Turnbow & Gillespie, Boise, for respondent. James P. Gillespie argued.

SWANSTROM, Judge.

Martin and Marie Wolters ask us to review the district court's denial of their motion under I.R.C.P. 60(b) for relief from judgment. We affirm.

The relevant facts are as follows. In 1985, Artiach Trucking lent $50,000 to a corporation called Y.K. Investments which was run by Leo Kawakami. As security for the loan, Kawakami gave Artiach two mortgages. One mortgage was on property in Oregon which belonged to Kawakami's mother. The other mortgage...

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