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STATE v. CALIFORNIA CO.

No. 7317.

56 N.W.2d 762 (1953)

STATE et al. v. CALIFORNIA CO. et al.

Supreme Court of North Dakota.

Rehearing Denied February 3, 1953.

Attorney(s) appearing for the Case

E. T. Christianson, Atty. Gen., and C. E. Brace, Asst. Atty. Gen., for State of North Dakota. Halvor L. Halvorson, Jr., State's Atty., Minot, for Ward County.

Maurice Weeks, State's Atty., Bottineau, for Bottineau County.

Lanier, Lanier & Knox, Fargo, for C. B. Stenerson, A. E. Bergman, and Leonard F. Ward.

Cox, Cox, Pearce & Engebretson, Bismarck, for California Co. and Carter Oil Co.

Bosard & McCutcheon, Minot, for L. R. Bach.

Benson & Swanson, Bottineau, for J. H. C. Gilbert.

HUTCHINSON, District Judge.

This action was brought for the purpose of quieting title in Ward and Bottineau Counties in and to fifty per cent of the oil, natural gas, and minerals found on or underlying lands acquired by such counties by tax proceedings or otherwise and which lands have been or may be resold. The issue is whether this court should overrule and set aside its decisions in the following cases: Adams County v. Smith, 74 N.D. 621, 23 N.W.2d 873; Kershaw...

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