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FRIEDT v. MOSEANKO

Civ. Nos. 910294, 910254.

484 N.W.2d 861 (1992)

Delores FRIEDT, Plaintiff and Appellee, v. James MOSEANKO d/b/a Prairie Hills Dairy, Defendant and Appellant, v. SCHULTZ CREAMERY, Garnishee, v. Deborah MOSEANKO and Sam Zarek, Third-Party Defendants, and Farmers Home Administration, Third-Party Defendant and Appellee. Delores FRIEDT, Plaintiff and Appellee, v. James MOSEANKO d/b/a Prairie Hills Dairy, Defendant, v. SCHULTZ CREAMERY, Garnishee, v. Deborah MOSEANKO, Third-Party Defendant and Appellant, and Farmers Home Administration, Third-Party Defendant and Appellee, and Sam Zarek, Third-Party Defendant.

Supreme Court of North Dakota.

May 12, 1992.

Attorney(s) appearing for the Case

Lolita G. Romanick, of McGee, Hankla, Backes & Wheeler, Ltd., Minot, for plaintiff and appellee Delores Friedt.

James Moseanko, Butte, pro se.

Deborah Moseanko, Butte, pro se.

Clare R. Hochhalter (appearance), Asst. U.S. Atty., U.S. Attorney's Office, Bismarck, for third-party defendant and appellee Farmers Home Admin.

VANDE WALLE, Justice.

Deborah Moseanko and James Moseanko have separately appealed from the district court's authorization of garnishment of the proceeds of their dairy operation's milk production for application toward satisfaction of a judgment in favor of Delores Friedt. The proceeds are held by Schultz Creamery, subject to a security interest of Farmers Home Administration. The district court also denied the Moseankos's motions to dismiss the garnishments, to...

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