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GUNSCH v. GUNSCH

No. 7438.

73 N.W.2d 345 (1955)

Dan GUNSCH and John Gunsch, Plaintiffs and Appellants, v. Tony GUNSCH, Leona Gunsch, David Gunsch, Fred Bauer, Arthur Bieber, and John O. Lyngstad, Commissioner of University & School Lands for the State of North Dakota and Albert Bauman, Guardian of Tony Gunsch, an incompetent person, Defendants and Respondents.

Supreme Court of North Dakota.

Rehearing Denied December 19, 1955.

Attorney(s) appearing for the Case

J. K. Murray, Bismarck, for plaintiffs and appellants.

Floyd B. Sperry, Golden Valley, for Tony Gunsch, Leona Gunsch, David Gunsch, Fred Bauer, and Arthur Bieber, defendants and respondents.

John Adams, Asst. Atty. Gen., Bismarck, for Commissioner of University and School Lands, defendant and respondent.

JOHNSON, Judge.

The main issues in this action were determined by this court in Gunsch v. Gunsch, N.D., 67 N.W.2d 311, 328. The case was remanded to the trial court for the purpose of taking additional testimony on two issues: (1) to procure an accounting of one-third of the 1951 crop on the "section" belonging to Tony Gunsch, and (2) to determine the value of the use of the machinery of Tony Gunsch, of which the plaintiffs had...

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