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HULL v. TOLLEFSON

Civ. No. 3173.

138 F.Supp. 315 (1956)

Esther V. HULL and Lathrop W. Hull, as trustees under the Last Will and Testament of J. Y. Hull, deceased; Esther V. Hull; Lathrop W. Hull; Gertrude Hull Felker; and Ella J. Ewens, Plaintiffs, v. Arne TOLLEFSON, County Auditor, McKenzie County, North Dakota; McKenzie County, North Dakota, a public corporation and a duly organized subdivision of the State of North Dakota; Ivan Murray; John F. Mullaney; The Texas Company, a Delaware Corporation; Amerada Petroleum Corporation, a Delaware Corporation; Halvor F. Holbeck; and the United States of America, Defendants.

United States District Court D. North Dakota, N. D.

February 20, 1956.

Attorney(s) appearing for the Case

H. A. Mackoff, of Mackoff, Kellogg, Muggli & Kirby, Dickinson, N. D., for plaintiffs.

Robert Vogel, U. S. Atty., Fargo, N. D., for defendant United States.

E. R. Fleck, of Strutz, Jansonius & Fleck, Bismarck, N. D., for defendant Amerada Petroleum Corp.

REGISTER, District Judge.

This is an action to quiet title to certain lands in McKenzie County, North Dakota. Jurisdiction of this court is based upon diversity of citizenship. The case is now before this Court on motion of the United States of America, one of the defendants herein, to dismiss the action as to the United States on the ground that this Court has no jurisdiction over either the subject matter or the defendant United States, and that the complaint, counterclaim...

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