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AMERICAN BANK CENTER v. SCHUH

No. 20090367.

784 N.W.2d 468 (2010)

2010 ND 124

AMERICAN BANK CENTER, Plaintiff and Appellee v. Sandy SCHUH; Teri Schuh; Cassandra Lee Schuh; Citifinancial, Inc.; James Vault and Precast Co.; Cach, LLC; and any person in possession, Defendants. Citifinancial, Inc., Appellant.

Supreme Court of North Dakota.

June 30, 2010.

Attorney(s) appearing for the Case

Nathan Morris Bouray (argued) and Jennifer Grosz (appeared), Dickinson, N.D., for plaintiff and appellee.

Robert L. Stroup II, Fargo, N.D. for appellant.

CROTHERS, Justice.

[¶ 1] Citifinancial, Inc., appeals from an order denying its motion to vacate a default judgment in American Bank Center's ("American") action to foreclose mortgages covering real estate located in Stark County. We conclude the district court did not abuse its discretion in denying the motion because Citifinancial failed to establish mistake, inadvertence, surprise, or excusable neglect to support...

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