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MEES v. ERETH

Civ. No. 920081.

492 N.W.2d 72 (1992)

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

Supreme Court of North Dakota.

November 5, 1992.

Attorney(s) appearing for the Case

Kelsch, Kelsch, Ruff & Austin, Mandan, for plaintiffs and appellees Lawrence and Jacqueline Mees; argued by Timothy J. Austin, Mandan.

Rolfson Schulz Lervick Law Offices, Bismarck, for plaintiff and appellee Burleigh County Sheriff's Dept.; argued by Timothy D. Lervick, Bismarck.

Wheeler Wolf, Bismarck, for defendants and appellants; argued by Jack McDonald, Jr., Bismarck.

Rebecca S. Thiem and James S. Hill, of Zuger, Kirmis, Bolinske & Smith, Bismarck, amicus curiae brief. Submitted on brief.

LEVINE, Justice.

Eleanor and Kenneth Ereth appeal from an order denying some of their claimed property exemptions from execution and levy, and denying their request for costs on a prior appeal. We hold that the trial court correctly ruled that the Ereths' bank accounts and Kenneth's Individual Retirement Account (IRA) are not "absolutely exempt" from execution levy and cannot be claimed as exemptions by the Ereths. We further hold, however, that the Ereths are entitled...

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