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FIRST WESTERN BANK & TRUST v. WICKMAN

Civ. No. 940284.

527 N.W.2d 278 (1995)

FIRST WESTERN BANK & TRUST, Plaintiff and Appellee, v. Alice WICKMAN, Defendant and Appellant.

Supreme Court of North Dakota.

February 13, 1995.

Attorney(s) appearing for the Case

James J. Coles of Snyder Coles Lawyers, Bismarck, for defendant and appellant.

Richard P. Olson of Olson Burns Lee & Larson, Minot, for plaintiff and appellee.

SANDSTROM, Justice.

Alice Wickman appeals from an order denying her motion to partially vacate a prior judgment. The motion was made under Rule 60(b)(iv), N.D.R.Civ.P., alleging the foreclosure judgment was partially void to the extent the amount exceeded the amount stated in the notice before foreclosure. We affirm the order, holding the notice before foreclosure does not affect the actual amount due.

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