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1ST SUMMIT BANK v. SAMUELSON

Civil No. 970383.

580 N.W.2d 132 (1998)

1998 ND 113

1ST SUMMIT BANK, a Pennsylvania Corporation, f/k/a Summit Bank, Plaintiff and Appellee, v. Edward O. SAMUELSON and Carol M. Samuelson, husband and wife, Defendants and Appellants.

Supreme Court of North Dakota.

June 4, 1998.

Attorney(s) appearing for the Case

Brad A. Sinclair, Serklund, Lundberg, Erickson, Marcil & McLean, Ltd., Fargo, for plaintiff and appellee.

Kermit E. Bye, Vogel, Kelly, Knutson, Weir, Bye & Hunke, Ltd., Fargo, for defendants and appellants.

VANDE WALLE, Chief Justice.

[¶ 1] Edward O. Samuelson and Carol M. Samuelson, husband and wife, appealed from the Amended Order and Order of the Cass County District Court denying their motion to set aside a foreign judgment. The foreign judgment was originally entered as a confessed judgment in the Commonwealth of Pennsylvania. We conclude the Pennsylvania confession of judgment procedure is not unconstitutional as applied in this case, and the foreign judgment...

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