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DUKE v. DURFEE

Nos. 16763, 16764.

308 F.2d 209 (1962)

Julia E. DUKE, Appellant, v. Gene DURFEE and Laura Durfee, Appellees. Gene DURFEE and Laura Durfee, Appellants, v. Julia E. DUKE, Appellee.

United States Court of Appeals Eighth Circuit.

Rehearing Denied October 11, 1962.

Attorney(s) appearing for the Case

Robert A. Brown, of Brown, Douglas & Brown, St. Joseph, Mo., for Julia E. Duke; John H. Wiltse, of Wiltse & Wiltse, Falls City, Neb., with him on the brief.

August Ross, of Ross & O'Connor, Omaha, Neb., for Gene Durfee and another; Theodore M. Kranitz, of Kranitz & Kranitz, St. Joseph, Mo., and Alfred A. Fiedler, Omaha, Neb., with him on the brief.

Before VOGEL, BLACKMUN and RIDGE, Circuit Judges.

BLACKMUN, Circuit Judge.

This action is another chapter in a controversy over several hundred acres of land, once an island, in the Missouri River bottoms a short distance east and south of Rulo, Nebraska, and west and south of Fortesque, Missouri. It comes to us by way of appeals from a judgment dismissing the plaintiff's petition and the defendants' cross-complaint.

The basic factual situation is not untypical of these riverland title controversies yet the...

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