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OLIVER v. CITY OF LARIMORE

Civ. Nos. 950132, 950133.

540 N.W.2d 630 (1995)

In the Matter of the Administration by First National Bank and Kenneth Braaten, Co-Trustees of the Trust Created by Floyd Earl Sickles. Ralph S. OLIVER, in his personal capacity and as Personal Representative of the Estate of Floyd Earl Sickles, Petitioner and Appellant, and First National Bank and Kenneth Braaten, Co-Trustees of the Trust Created by Floyd Earl Sickles, Petitioners, v. CITY OF LARIMORE and State of North Dakota ex rel. Office of Attorney General, Respondents and Appellees. In the Matter of the Administration by First National Bank and Kenneth Braaten, Co-Trustees of the Trust Created by Lloyd Myrl Sickles. Ralph S. OLIVER, in his personal capacity and as Personal Representative of the Estate of Lloyd Myrl Sickles, Petitioner and Appellant, and First National Bank and Kenneth Braaten, Co-Trustees of the Trust Created by Lloyd Myrl Sickles, Petitioners, v. CITY OF LARIMORE and State of North Dakota ex rel. Office of Attorney General, Respondents and Appellees.

Supreme Court of North Dakota.

December 4, 1995.

Attorney(s) appearing for the Case

Gregory C. Larson (argued), of Wheeler Wolf, Bismarck, and Harold J. Bergquist (argued), of The Bergquist Law Firm, Larimore, for petitioner and appellant.

Michael Juntunen (appearance), of Hamilton, Juntunen & Cilz, Grand Forks, for petitioners.

David W. Huey (argued), Assistant Attorney General, Bismarck, for respondents and appellees.

MESCHKE, Justice.

Ralph S. Oliver appealed from an order authorizing the co-trustees of the Lloyd and Floyd Sickles' trusts to pay some personal representative fees and related attorney fees from the trust assets, and denying payment of the balance of fees claimed. We modify the order to include reimbursement to Oliver for a $200.00 cash bond and, as modified, affirm the order.

In a prior appeal, Matter of Conservatorship of Sickles,

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