MONTANA-DAKOTA UTILITIES CO. v. BENTZ

Nos. 7637-7642.

82 N.W.2d 76 (1957)

MONTANA-DAKOTA UTILITIES CO., a corporation, Plaintiff and Appellant, v. August BENTZ; Gust Bentz, a/k/a August Bentz, Jr. and Connie Bentz, a/k/a Constance Bentz, his wife; State Treasurer, as Trustee for the State of North Dakota; Cities Service Oil Company, a corporation; Skelly Oil Company, a corporation; Stanollnd Oil and Gas Company, a corporation, Defendants and Respondents. MONTANA-DAKOTA UTILITIES CO., a corporation, Plaintiff and Appellant, v. Emil ZIMMERMAN; State Treasurer, as Trustee for the State of North Dakota; Dakamont Exploration Corporation, a corporation, Defendants and Respondents. MONTANA-DAKOTA UTILITIES CO., a corporation, Plaintiff and Appellant, v. Peter J. HAUCK; John Hauck and Christine Hauck, his wife; Cities Service Oil Company, a corporation; Skelly Oil Company, a corporation; The Federal Land Bank of St. Paul, a corporation, Defendants and Respondents. MONTANA-DAKOTA UTILITIES CO., a corporation, Plaintiff and Appellant, v. Math W. STECKLER and Florentina Steckler, his wife; The Federal Land Bank of St. Paul, a corporation; State Treasurer, as Trustee for the State of North Dakota; Cities Service Oil Company, a corporation; Skelly Oil Company, a corporation, Defendants and Respondents. MONTANA-DAKOTA UTILITIES CO., a corporation, Plaintiff and Appellant, v. Valentine M. ZIMMERMAN and Elizabeth Zimmerman, his wife; Stanolind Oil and Gas Company, a corporation, Defendants and Respondents. MONTANA-DAKOTA UTILITIES CO., a corporation, Plaintiff and Appellant, v. John MUGGLI; Gerard M. Muggli and Angelica Muggli, his wife; Richard Engwicht; Cities Service Oil Company, a corporation; Skelly Oil Company, a corporation, Defendants and Respondents.

Supreme Court of North Dakota.

March 29, 1957.


Attorney(s) appearing for the Case

Reichert & Reichert, Dickinson, Raymond Hildebrand, Glendive, Mont., and Cox, Pearce & Engebretson, Bismarck, for plaintiffs and appellants.

Floyd B. Sperry, Golden Valley, for defendants and respondents August Bentz, Gust Bentz, Connie Bentz, Emil Zimmerman, Peter J. Hauck, John Hauck, Christine Hauck, Math W. Steckler and Florentina Steckler.

Mackoff, Kellogg, Muggli & Kirby, Dickinson, for defendants and respondents Valentine M. Zimmerman, Elizabeth Zimmerman, John Muggli, Gerard M. Muggli and Angelica Muggli.


JOHNSON, Judge.

The six appeals here involved were tried together with the case of Montana-Dakota Utilities Co. v. Amann, N.D., 81 N.W.2d 628. An examination of the pleadings discloses that with respect to the contested issues they are the same in all seven actions except for the difference in the parties and the tracts of land involved. The trial court gave one set of instructions in all seven cases. Pursuant thereto a separate...

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