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WATTERS v. PEOPLE

23 Misc.2d 402 (1960)

David Watters et al., Plaintiffs, v. The People of the State of New York, Defendant.

Supreme Court, Cattaraugus County.

January 21, 1960.

Attorney(s) appearing for the Case

Congdon, Congdon & Perreault for plaintiffs.

Louis J. Lefkowitz, Attorney-General (Matthew A. Tiffany, Edward R. Amend and Emil Woldar of counsel), for defendant.

HAMILTON WARD, J.

This is an action for the partition of oil, gas and minerals and the rights thereto in accordance with the provisions of article 64 of the Civil Practice Act. The plaintiffs do not seek partition as among themselves but between themselves jointly and the State of New York (Civ. Prac. Act, § 1026).

The subject of this partition action is novel but not unknown to the law of this...

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