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NODAK MUT. FARM BUREAU v. KOSMATKA

No. 20000213.

619 N.W.2d 852 (2000)

2000 ND 210

NODAK MUTUAL FARM BUREAU, Plaintiff and Appellee, v. Jason KOSMATKA, Holly Anderson, Nathan Lubarski, Defendants and Appellees, and James E. Nelson, individually, and Kathleen F. Nelson, individually, and as the personal representative of the estate of Matthew E. Nelson, Defendants and Appellants, and Jason Kosmatka, Third-Party Plaintiff, v. Scott Johnson, Third-Party Defendant.

Supreme Court of North Dakota.

December 7, 2000.

Attorney(s) appearing for the Case

Paul R. Oppegard and Troy A. Wolf, Smith Bakke Hovland & Oppegard, Moorhead, MN, for plaintiff and appellee; submitted on brief.

Robert G. Hoy, Ohnstad Twichell, P.C., West Fargo, ND, for defendant and appellee and third-party plaintiff Jason Kosmatka. Jeffrey D. Pederson, Wadena, MN, for defendant and appellee Holly Anderson. Robert M. Albrecht, Brink, Sobolik, Severson, Malm & Albrecht, P.A., Hallock, MN, for defendant and appellee Nathan Lubarski. Submitted on brief.

H. Patrick Weir, Jr., Lee Hagen Law Office, Ltd., Fargo, ND, for defendants and appellants; submitted on brief.

SANDSTROM, Justice.

[¶ 1] James and Kathleen Nelson appeal from an East Central Judicial District Court order granting partial summary judgment determining the Nelsons were not allowed to receive funds interpleaded by Nodak Mutual Farm Bureau ("Nodak").1 Concluding the district court improvidently granted certification under Rule 54(b), N.D.R.Civ.P., we dismiss the appeal.

I

[¶ 2] Jason Kosmatka, Nathan Lubarski...

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