January 14, 2011
HOWARD VENTURE, LLC, SUCCESSOR IN INTEREST TO DAKOTA BEEF, LLC, PLAINTIFF AND APPELLEE
DEFENDANT AND APPELLANT
Appeal from the District Court of Barnes County, Southeast Judicial District, the Honorable Thomas E. Merrick, Judge. AFFIRMED.
The opinion of the court was delivered by: PerCuriam.
N.D. Supreme CourtHoward Venture, LLC v. Heinze, 2011 ND 12 This opinion is subject to petition for rehearing. [Go to Documents]
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2011 ND 12
Howard Venture, LLC v. HeinzeNo. 20100119
[¶1] Andy Heinze appeals from a district court order granting Howard Venture, LLC's motion for summary judgment and the court's judgment ordering him to reimburse Howard Venture in the amount of $59,869.45. Heinze argues there was no verification of an overpayment, he did not receive proper notice of the hearing on Howard Venture's motion, and he was denied the right to a jury trial. We summarily affirm the district court's order and judgment under N.D.R.App.P. 35.1(a)(4) and (6).
[¶2] Gerald W. VandeWalle, C.J. Dale V. Sandstrom Daniel J. Crothers Mary Muehlen Maring David W. Nelson, D.J.
[¶3] The Honorable David W. Nelson, D.J., sitting in place of Kapsner, J., disqualified.
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