Opinion
No. 88-191.
Filed March 9, 1990.
Appeal from the District Court for Lincoln County, JOHN P. MURPHY, Judge, upon the recommendation of the Appellate Division of the District Court, REAGAN, ENDACOTT, and OLBERDING, District Judges. Reversed and remanded with directions.
Steve Windrum for appellant.
David T. Schroeder, of Kelly, Kelly Schroeder, for appellee Melcher.
HASTINGS, C.J., BOSLAUGH, WHITE, CAPORALE, SHANAHAN, GRANT, and FAHRNBRUCH, JJ.
Having considered the record, briefs, and recommendation of the Appellate Division of the District Court, we reverse the judgment of the district court because of a clearly erroneous finding of fact and remand the cause to enter judgment confirming the sale.
REVERSED AND REMANDED WITH DIRECTIONS.
WHITE, J., dissents.