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FIRST INTERSTATE BANK v. REBARCHEK

Civ. Nos. 930117, 930195.

511 N.W.2d 235 (1994)

FIRST INTERSTATE BANK OF FARGO, N.A., a corporation, Plaintiff and Appellee, v. David REBARCHEK, Defendant and Appellant.

Supreme Court of North Dakota.

January 5, 1994.

Attorney(s) appearing for the Case

Brad A. Sinclair, of Serkland, Lundberg, Erickson, Marcil & McLean, Ltd., Fargo, for plaintiff and appellee.

David A. Garaas, of Garaas Law Firm, Fargo, for defendant and appellant.

VANDE WALLE, Chief Justice.

David Rebarchek appealed from a summary judgment granting First Interstate Bank of Fargo [Bank] foreclosure of a mortgage. Rebarchek also appealed from an order denying his Rule 60(b), N.D.R.Civ.P., motion for relief from the foreclosure judgment. We affirm.

Rebarchek, Fred Tuominen and Richard Eveslage were shareholders in Retro Building Systems, Inc. [Retro], a construction company...

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