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NORWEST BANK OF NORTH DAKOTA, N.A. v. DOTH

No. 97-3113.

159 F.3d 328 (1998)

NORWEST BANK OF NORTH DAKOTA, N.A., as Trustee of the Sonya Lotzer Trust and the Bobbi Lerud Trust, Appellant, v. David S. DOTH, in his official capacity as Commissioner of the Minnesota Department of Human Services, Appellee. The National Academy of Elder Law Attorneys, Amicus Curiae.

United States Court of Appeals, Eighth Circuit.

Decided October 2, 1998.

Attorney(s) appearing for the Case

James E. Nicolai, Moorhead, MN, argued, for Appellant.

Paul M. Lanskroener, Asst. Atty. Gen., St. Paul, MN, argued, for Appellee.

Before BEAM and HEANEY, Circuit Judges, and WATERS, District Judge.

ORDER

Appellee's petition for rehearing by the panel is granted. See 8th Cir. R. 35A(4). The clerk is directed to substitute the attached opinion for the opinion filed on July 31, 1998. The clerk shall vacate the judgment entered that date and enter a new judgment in accordance with the substituted opinion.

Appellee's suggestion for rehearing en banc is mooted by this order and the issuance of the substituted opinion...

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