IN RE DIOCESE OF BISMARCK TRUST

Civil No. 960040.

553 N.W.2d 222 (1996)

In re DIOCESE OF BISMARCK TRUST (Created by the Last Will and Testament of T. Clem Casey, Deceased.) DIOCESE OF BISMARCK, Respondent and Appellant, v. Myron H. ATKINSON, Jr., and First Trust Company of North Dakota, N.A., Former Co-Trustees Petitioners and Appellees.

Supreme Court of North Dakota.

September 12, 1996.


Attorney(s) appearing for the Case

Dwight C.H. Kautzmann, Bismarck, for respondent and appellant.

Kermit E. Bye of Vogel, Kelly, Knutson, Weir, Bye & Hunke, Fargo, for petitioners and appellees.


NEUMANN, Justice.

The Diocese of Bismarck appeals from an order denying its motion to expunge a pretrial brief and appendix from the district court's record. We affirm the district court's ruling.

In 1969, T. Clem Casey executed his Last Will and Testament. Article VI of the Last Will and Testament created the Diocese of Bismarck Trust. In 1970, T. Clem Casey died. Under the terms of his Will, the co-trustees, Myron Atkinson and First Trust Company of North...

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