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STATE BY WKRS. COMPENSATION BUREAU v. KOSTKA FOOD SERV.

Civ. No. 930390.

516 N.W.2d 278 (1994)

STATE of North Dakota by the WORKERS COMPENSATION BUREAU, Plaintiff and Appellee, v. KOSTKA FOOD SERVICE, INC., a Corporation, Defendant and Appellant.

Supreme Court of North Dakota.

May 19, 1994.

Attorney(s) appearing for the Case

Robert William Morris (argued), Asst. Atty. Gen., ND Workers Compensation Bureau, Bismarck, for plaintiff and appellee.

Todd A. Schwarz (argued), Frith, Schwarz & Steffan, Devils Lake, for defendant and appellant.

MESCHKE, Justice.

Kostka Food Service, Inc., claiming its appearance entitled it to a hearing before entry of default judgment, appeals from an order denying its motion to vacate the default judgment. We conclude that the North Dakota Workers Compensation Bureau failed to give adequate notice, required under NDRCivP 55(a)(3) and NDROC 3.2, for its default motion. We therefore reverse and remand to the trial court for entry of an order vacating the default judgment...

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