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MIDWEST FEDERAL SAVINGS BANK v. DICKINSON ECONO-STORAGE

Civ. No. 890136.

450 N.W.2d 418 (1990)

MIDWEST FEDERAL SAVINGS BANK, Plaintiff and Appellee, v. DICKINSON ECONO-STORAGE, a general partnership; Roger J. Pelton, Raymond Pelton and Duane U. Brekke, Defendants and Appellants.

Supreme Court of North Dakota.

January 18, 1990.

Attorney(s) appearing for the Case

Freed, Dynes, Reichert & Buresh, P.C., Dickinson, for defendants and appellants; argued by Eugene F. Buresh.

Mackoff, Kellogg, Kirby & Kloster, P.C., Dickinson, for plaintiff and appellee; argued by James D. Geyer.

GIERKE, Justice.

Appellants, Dickinson Econo-Storage, a general partnership consisting of Roger J. Pelton, Raymond Pelton and Duane U. Brekke (Econo-Storage), appeal from a summary judgment granted to Midwest Federal Savings Bank (Midwest Federal). We reverse and remand.

Econo-Storage was the fee owner of Lots 3 and 4, Block 2A, Kilweins 2nd Subdivision, Stark County, North Dakota. Econo-Storage granted to Midwest Federal a mortgage on the western part of...

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