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BELDEN v. HAMBLETON

Nos. 960088 to 960090.

554 N.W.2d 458 (1996)

Rocky BELDEN, Mary Lou Belden, Annette Diehl, Jeanine Somerville, and Karen Hoffner, Plaintiffs and Appellees, v. Brian & Lorraine HAMBLETON, SCI, EIC, and Louis Arnold, Defendants, and North Dakota Development Fund, Defendant and Appellant. Misti ARNOLD, Val Karlsbraaten and Michael Schilousky, Plaintiffs and Appellees, v. SCI, Brian and Lorraine Hambleton, and EIC, Defendants, and North Dakota Development Fund, Defendant and Appellant. Tom TRUAX, Pat Sautner, Mary Brown and Lucas Mellaas, Plaintiffs and Appellees, v. SCI, Brian and Lorraine Hambleton, and EIC, Defendants, and North Dakota Development Fund, Defendant and Appellant.

Supreme Court of North Dakota.

October 22, 1996.

Attorney(s) appearing for the Case

David E. Reich, of Pearce & Durick, Special Assistant Attorney General, Bismarck, for defendant and appellant.

Robert G. Ackre, of Ackre & Baer, Cando, amicus curiae on behalf of defendants Hambleton and SCI.

Albert Wolf, of Wheeler Wolf, Bismarck, amicus curiae on behalf of Independant Community Banks of North Dakota.

Jack McDonald, of Wheeler Wolf, Bismarck, amicus curiae on behalf of Esmond Investment.

Marilyn Foss, Bismarck, amicus curiae on behalf of North Dakota Bankers Association.

NEUMANN, Justice.

The North Dakota Future Fund appeals an order joining the Fund as a defendant to satisfy the unsecured wage claims of former employees of Safe Corporation International, Inc. We hold the order joining the Fund is not an appealable order. Under our supervisory jurisdiction, however, we direct the district court to dismiss the Fund as a party defendant.

The North Dakota Future Fund (the Fund) entered into a loan agreement with Safe Corporation...

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