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EVANGELICAL LUTHERAN CHURCH v. STANOLIND OIL & G. CO.

Nos. 15707, 15708.

251 F.2d 412 (1958)

EVANGELICAL LUTHERAN CHURCH, a corporation, Appellant, v. STANOLIND OIL AND GAS CO., a corporation; Ernest Briggs; F. B. Williams; Billings County, North Dakota, a corporation; W. G. Gooding; George Heaton, Inc., a corporation, and All Other Persons Unknown Claiming Any Estate or Interest in or Lien or Encumbrance Upon the Property Described in the Complaint, Appellees. EVANGELICAL LUTHERAN CHURCH, a corporation, Appellant, v. The OHIO OIL CO., a corporation; W. H. Glendenning; Hugh J. Gillespie; F. H. Ely; Fuller-Potter Lumber Co.; C. Pederson; H. S. Herrick; Billings County, North Dakota, a corporation, and All Other Persons Unknown Claiming Any Estate or Interest in or Lien or Encumbrance Upon the Property Described in the Complaint, Appellees.

United States Court of Appeals Eighth Circuit.

January 3, 1958.

Attorney(s) appearing for the Case

Frank F. Jestrab, Williston, N. D. (Harry M. Pippin and Bjella, Jestrab & Neff, Williston, N. D., were with him on the brief), for appellant.

William R. Pearce, Bismarck, N. D. (Cox, Pearce & Engebretson, Bismarck, N. D., T. J. Files, J. W. Gee, V. C. McClintock, Casper, Wyo., J. B. Sandlin, Tulsa, Okl., and H. A. Thompson, Casper, Wyo., were with him on the brief), for appellees.

Before GARDNER, Chief Judge, and JOHNSEN and VOGEL, Circuit Judges.

VOGEL, Circuit Judge.

Plaintiff, an incorporated resident of Minnesota, commenced these two cases in North Dakota state District Court as actions to quiet title to certain real properties situated in Billings County, North Dakota. Defendants herein were variously identified as residents of the States of Delaware, Ohio, Minnesota, and North Dakota. No showing has been made as to the residence of certain other named defendants or of any unknown defendants claiming any...

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