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MEES v. ERETH

Civ. No. 900141.

462 N.W.2d 161 (1990)

Lawrence and Jacqueline MEES, Plaintiffs and Appellees, v. Eleanor and Kenneth ERETH, Defendants and Appellants.

Supreme Court of North Dakota.

October 31, 1990.

Attorney(s) appearing for the Case

William P. Zuger (argued), Zuger Law Offices, Bismarck, for plaintiffs and appellees.

Jack McDonald, Jr. (argued), Wheeler Wolf, Bismarck, for defendants and appellants.

MESCHKE, Justice.

Eleanor and Kenneth Ereth appealed from a district court order denying their motion to direct the Burleigh County Sheriff to return, to their accounts in Norwest Bank, Ereths' funds that the Sheriff had seized pursuant to an execution levy. We retain jurisdiction of the appeal but remand for service of the notice of appeal upon the Burleigh County Sheriff.

Lawrence and Jacqueline Mees obtained a money judgment for $35,609.50 against the Ereths...

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