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FIRST WESTERN BANK & TRUST v. FIRST LUTHERAN CHURCH FOUNDATION

No. 20020170.

656 N.W.2d 726 (2003)

2003 ND 21

FIRST WESTERN BANK & TRUST, Plaintiff v. FIRST LUTHERAN CHURCH FOUNDATION, Salvation Army-Ward County Chapter, Trinity Hospital, Model High School Alumni Association, Kirsten Marquardt, Michelle Marquardt, Daniel Templeton, Miles Templeton, Darrel Templeton, Sonia Armour, Paul Marquardt and Rodger Marquardt, Defendants, Paul Marquardt, Defendant and Appellant, and Rodger Marquardt, Defendant and Appellee.

Supreme Court of North Dakota.

February 19, 2003.

Attorney(s) appearing for the Case

Dean A. Frantsvog, Olson Burns Lee, Minot, N.D., for defendant and appellant.

Robert S. Rau, Bosard, McCutcheon & Rau, Ltd., Minot, N.D., for defendant and appellee.

VANDE WALLE, Chief Justice.

[¶ 1] Paul Marquardt appealed from a judgment which ordered that the proceeds of his deceased mother's annuity belonged solely to Rodger Marquardt and effectively denied Paul's motion to amend a prior memorandum opinion or, in the alternative, grant a new trial. We conclude the trial court did not abuse its discretion in failing to amend or grant a new trial, and we affirm.

I

[¶ 2] In 1996, Laura O. Marquardt...

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