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FLADELAND v. GUDBRANSON

No. 20030319.

681 N.W.2d 431 (2004)

2004 ND 118

Lonnie FLADELAND and Pamela Fladeland, Plaintiffs and Appellees v. Kaye GUDBRANSON and Carl Erickson, Trustees of the Kaye Gudbranson Living Trust and Deborah Baklenko and Larry Baklenko, Trustees of the Deborah Baklenko Living Trust, Defendants and Appellants.

Supreme Court of North Dakota.

June 7, 2004.

Attorney(s) appearing for the Case

Peter H. Furuseth, Furuseth Law Firm, P.C., Williston, ND, for plaintiffs and appellees.

Monte L. Rogneby (argued), Vogel Law Firm, Bismarck, ND, and R. James Maxson (appeared), Maxson Law Office, Minot, ND, for defendants and appellants.

VANDE WALLE, Chief Justice.

[¶ 1] Kaye Gudbranson and Carl Erickson, trustees of the Kaye Gudbranson living trust, and Deborah and Larry Baklenko, trustees of the Deborah Baklenko living trust, ("Trustees") appealed a district court judgment requiring them to convey property to Lonnie and Pamela Fladeland ("Fladelands"). We reverse.

I

[¶ 2] In May 1991, Joseph Gudbranson ("Gudbranson") purchased approximately 4,014 acres of land ("Strobeck...

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