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FARM CREDIT BANK OF ST. PAUL v. RUB

Civ. Nos. 910252, 910299.

478 N.W.2d 279 (1991)

FARM CREDIT BANK OF ST. PAUL, a body corporate, Plaintiff and Appellee, v. Duane E. RUB, Defendant and Appellant, Marlys M. Rub; United States of America, acting through the Farmers Home Administration, United States Department of Agriculture; Nodak Ranch & Home Supply of Lemmon, South Dakota; and Harry Swendsen, d/b/a Hettinger Auto Co., Defendants.

Supreme Court of North Dakota.

December 9, 1991.

Attorney(s) appearing for the Case

Sean O. Smith (argued), of Tschider & Smith, Bismarck, for plaintiff and appellee.

Duane E. Rub, pro se. No appearance.

LEVINE, Justice.

Duane E. Rub appeals from "a notice of a Special Execution Sale" and from "the sale of [his] Real Estate property" on August 19, 1991. We retain jurisdiction of the appeal pursuant to Rule 35(b), N.D.R.App. P., but remand to the district court for consideration of the appropriateness of entering an order confirming the sheriff's sale.

On July 1, 1991, Farm Credit Bank of St. Paul obtained a foreclosure judgment against Rub in the district...

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