BANK CENTER FIRST v. R.C. TRANSPORT, LLC

No. 20050299.

714 N.W.2d 816 (2006)

2006 ND 110

Bank Center First, Bismarck, North Dakota, Plaintiff v. R.C. TRANSPORT, LLC, Mandan, ND; and Charlene Spotts, Individually as Personal Guarantor, and Collection Center, Inc., Jeff Swanson d/b/a Black Diamond Transport, State of North Dakota, F-M Forklift, Great West Casualty Co., Frontier Electric, Inc., Pioneer Construction Inc., Job Service North Dakota, Fronteer Personnel Service Inc., Federal Express Revenue Recovery, Brown & Brown of North Dakota Inc., State of ND by Workers Compensation Bureau, Metro Collision Center, Inc., First State Bank of Wilton, Robin Moos, United Accounts, Inc., Burleigh County Tax Equalization, Credit Collections Bureau, Mack & Associates, Inc., Jeff Swanson d/b/a Black Diamond Transport, any and all persons unknown, claiming any estate, lien or encumbrance upon the real estate described in the complaint, Defendants Brad Gebeke, as assignee to the State of North Dakota by Worker's Compensation Bureau k/n/a Workforce Safety and Insurance, Defendant and Appellant v. David Wisdom and Steve Thilmony, as assignees of Brown & Brown of North Dakota Inc., Appellees.

Supreme Court of North Dakota.

Rehearing Denied July 7, 2006.


Attorney(s) appearing for the Case

John M. Olson, Bismarck, N.D., for appellees.

Marnell Ringsak (argued) and Kent M. Morrow (on brief), Severin, Ringsak & Morrow, Bismarck, N.D., for defendant and appellant.


VANDE WALLE, Chief Justice.

[¶ 1] Brad Gebeke, as assignee of the State of North Dakota by Workforce Safety and Insurance, appealed from three district court orders stemming from his attempt to redeem foreclosed property. We conclude the court correctly ruled that David Wisdom and Steve Thilmony's redemptions were valid and that Gebeke's last attempt to redeem the property was untimely. We further conclude the court erred in ruling Gebeke was not entitled to...

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