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ROSEN v. ROZAN

Civ. A. No. 245.

179 F.Supp. 829 (1959)

Eugene D. ROSEN; Leonard Rosen, Trustee; J. S. Rozan, Trustee; Robert L. Wise and Bernice Wise, his wife; Norma R. Rosen; and Aloys P. Schmaltz and Rosemary Schmaltz, his wife, Plaintiffs, v. Alice F. ROZAN, Defendant.

United States District Court D. Montana, Billings Division.

Rehearing Denied January 28, 1960.

Attorney(s) appearing for the Case

Raymond Hildebrand, Glendive, Mont., E. J. McIlraith, Minot, N. D., for plaintiffs.

Bjella, Jestrab & Neff, Williston, N. D., Kelly & Carr, Miles City, Mont., for defendant.

JAMESON, District Judge.

Plaintiffs instituted an action in state court to quiet title to undivided fractions of minerals in lands in Fallon County, Montana. The complaint contains six causes of action. Each cause of action alleges, "That each and all of the plaintiffs above named are tenants in common to the lands and estates hereinafter described." In each cause of action it is alleged that the particular plaintiff "is the owner in fee simple of an undivided (specifying...

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