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FIRST SEC. BANK, UNDERWOOD, N.D. v. ENYART

Civ. No. 880288.

439 N.W.2d 801 (1989)

FIRST SECURITY BANK, UNDERWOOD, NORTH DAKOTA, Plaintiff and Appellee, v. David ENYART, aka David W. Enyart, Defendant and Appellant, and Jane Enyart, Defendant.

Supreme Court of North Dakota.

April 19, 1989.

Attorney(s) appearing for the Case

Wheeler, Wolf, Peterson, Schmitz, McDonald & Johnson, Bismarck, for defendant and appellant; argued by Gerry Gunderson.

Coles & Snyder, Bismarck, for plaintiff and appellee; argued by James J. Coles.

ERICKSTAD, Chief Justice.

David Enyart appeals from the order of the district court, dated September 8, 1988, granting First Security Bank's motion to quash the Notice of Separate Sale and Redemption filed by Enyart pursuant to Senate Bill No. 2469 (Chapter 194, Session Laws of 1987) (hereinafter SB No. 2469).1 We reverse and remand.

This appeal arises out of a mortgage foreclosure action...

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