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SCHROEDER v. BUCHHOLZ

No. 20000191.

622 N.W.2d 202 (2001)

2001 ND 36

Donald SCHROEDER and Evelyn A. Schroeder, Plaintiffs and Appellees, v. Dennis BUCHHOLZ, Defendant and Appellant, and Donna Buchholz, Defendant and Appellee.

Supreme Court of North Dakota.

February 15, 2001.

Attorney(s) appearing for the Case

Don R. Krassin (argued), Krassin Law Office, Wahpeton, ND, for plaintiffs and appellees Donald Schroeder and Evelyn A. Schroeder.

Samuel S. Johnson, Wahpeton, ND, for defendant and appellee Donna Buchholz.

John D. Bullis (argued), Lies & Bullis, Wahpeton, ND, and Tracey R. Lindberg, Lindberg Law Firm, Breckenridge, MN, for defendant and appellant.

SANDSTROM, Justice.

[¶ 1] Dennis Buchholz appeals from a district court order imposing a constructive trust in favor of Donald and Evelyn Schroeder. Concluding the elements of a constructive trust were sufficiently established but the district court's remedy was improper, we affirm in part, reverse in part, and remand for further proceedings.

I

[¶ 2] In 1981 Dennis and Donna Buchholz, along with...

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