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TORMASCHY v. TORMASCHY

No. 990002.

596 N.W.2d 337 (1999)

1999 ND 131

Paul P. TORMASCHY and Janie Tormaschy, Plaintiffs and Appellees, v. Ernest TORMASCHY, Elaine Tormaschy, Defendants and Appellants, and Community First National Bank and Trust Company of Dickinson, Defendant and Appellee.

Supreme Court of North Dakota.

Rehearing Denied August 25, 1999.

Attorney(s) appearing for the Case

Robert A. Keogh of Keogh Law Office, Dickinson, for defendants and appellants.

Eugene F. Buresh of Ficek & Buresh, P.C., Dickinson, for plaintiffs and appellees.

John L. Sherman of Mackoff, Kellogg, Kirby & Kloster, P.C., Dickinson, for defendant and appellee; submitted on brief.

NEUMANN, Justice.

[¶ 1] Ernest and Elaine Tormaschy appeal the district court's judgment entered on remand. We affirm.

I

[¶ 2] This is the second time this case has been before us. The material facts concerning this second appeal are the same as outlined in Tormaschy v. Tormaschy, 1997 ND 2, 559 N.W.2d 813.

[¶ 3] Since 1959, Ernest and Elaine have had sole ownership of Section 1, Township...

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