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FARMERS UNION OIL CO. v. SMETANA

No. 20080158.

764 N.W.2d 665 (2009)

2009 ND 74

FARMERS UNION OIL COMPANY OF GARRISON, d/b/a Cenex, Plaintiff and Appellee v. George A. SMETANA, Carolyn J. Smetana, Defendants and Appellants and Lewis Bauer, Constance T. Scheel, and Constance M. Narad, Defendants.

Supreme Court of North Dakota.

April 30, 2009.

Attorney(s) appearing for the Case

Michael Geiermann, Schulz Geiermann & Bergeson Law Offices, P.C., Bismarck, N.D., for plaintiff and appellee.

James G. Wolff, Farhart Wolff, P.C., Minot, N.D., for defendants and appellants.

KAPSNER, Justice.

[¶ 1] George and Carolyn Smetana appeal from a district court summary judgment reforming a deed and quieting title to a disputed tract of property in favor of Farmers Union Oil Company of Garrison, doing business as Cenex ("Cenex"). We reverse and remand for further proceedings, concluding the district court erred in determining that, as a matter of law, the Smetanas were not good faith purchasers for value.

I

[¶ 2] In...

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