FIRST NAT. BANK AND TRUST CO. OF WILLISTON v. SCHERR

Civ. No. 890356.

456 N.W.2d 531 (1990)

FIRST NATIONAL BANK AND TRUST COMPANY OF WILLISTON, Plaintiff and Appellee, v. Pius SCHERR, Defendant and Appellant, and Albinus Scherr individually and d/b/a Scherr & Scherr, a general partnership, Defendants.

Supreme Court of North Dakota.

June 1, 1990.


Attorney(s) appearing for the Case

Kent A. Reierson of Winkjer, McKennett, Stenehjem, Murphy & Reierson, Williston, for plaintiff and appellee.

John T. Gassmann, Valley City, for defendant and appellant.


VANDE WALLE, Justice.

Pius Scherr appealed from a district court order denying his motion for relief from a judgment and his motion to amend his answer. We reverse and remand for further proceedings.

The factual background of this case is stated in First National Bank & Trust Co. v. Scherr, 435 N.W.2d 704 (N.D.1989) [Scherr I] and will be repeated to the extent necessary to decide the issues in this appeal...

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