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ANDERSON v. ZIMBELMAN

No. 20130207.

842 N.W.2d 852 (2014)

2014 ND 34

Craig ANDERSON, as assignee of First Western Bank and Trust, Plaintiff and Appellee v. Marvin ZIMBELMAN, Melanie Zimbelman, HIS Electric, Inc., Roger Sundsbak, George Bitz, Northern Livestock Auction, Mike Bryn dba Mike's Body Paint & Glass, State of North Dakota, acting through the State Tax Commissioner, and all other persons unknown claiming any estate or interest in, or lien or encumbrance upon, the property described in the Complaint, Defendants Roger Sundsbak, George Bitz, and Northern Livestock Auction, Appellants.

Supreme Court of North Dakota.

February 13, 2014.

Attorney(s) appearing for the Case

James Cailao (argued), Bismarck, ND, and Jon R. Brakke (on brief), Fargo, ND, for plaintiff and appellee.

Sean Thomas Foss , Fargo, ND, for appellants.

CROTHERS, Justice.

[¶ 1] Roger Sundsbak, George Bitz and Northern Livestock Auction (collectively "Northern Livestock") appeal a district court judgment granting Craig T. Anderson's motion for summary judgment and denying Northern Livestock's motion to amend their counterclaim. Anderson is First Western Bank & Trust's (the "Bank") assignee. Northern Livestock argues the district court erred as a matter of law by entering summary judgment in favor of Anderson...

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