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JOHNSON, JOHNSON, STOKES, SANDBERG & KRAGNESS, LTD. v. BIRNBAUM

Civil No. 960130.

555 N.W.2d 583 (1996)

JOHNSON, JOHNSON, STOKES, SANDBERG & KRAGNESS, LTD., Plaintiff and Appellant, v. Leonard BIRNBAUM, Defendant and Appellee.

Supreme Court of North Dakota.

November 13, 1996.

Attorney(s) appearing for the Case

Kragness & Sandberg, Ltd., Wahpeton, for plaintiff and appellant. Submitted on brief by Duane Kragness.

Krassin Law Office, Wahpeton, for defendant and appellee. Submitted on brief by Don R. Krassin.

VANDE WALLE, Chief Justice.

The law firm of Johnson, Johnson, Stokes, Sandberg & Kragness, Ltd. [Johnson Law Firm] appealed from a district court order vacating a default judgment for damages against Leonard Birnbaum. We hold the default judgment was not void and, consequently, the district court erred in vacating it under Rule 60(b)(iv), N.D.R.Civ.P. We reverse.

In 1986, attorney A.W. Stokes, an attorney in the Johnson Law Firm, performed legal services...

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