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GERHARD v. STEPHENS

Docket Nos. S.F. 21805, 21806, 21807, 21808.

68 Cal.2d 864 (1968)

442 P.2d 692

69 Cal. Rptr. 612

JOSEPH M. GERHARD, Plaintiff and Appellant, v. MARY STEPHENS et al., Defendants and Respondents. KENNEDY-WEBER OIL COMPANY, INC., et al., Plaintiffs and Appellants, v. MARY STEPHENS et al., Defendants and Respondents; JOSEPH M. GERHARD, Defendant and Appellant. IRA S. SOLOMON, as Administrator, etc., et al., Plaintiffs and Appellants, v. MARY STEPHENS et al., Defendants and Respondents. HERBERT METTLER, as Executor, etc., et al., Plaintiffs and Appellants, v. MARY STEPHENS et al., Defendants and Respondents. (Consolidated Cases.)

Supreme Court of California. In Bank.

July 9, 1968.

Attorney(s) appearing for the Case

David B. Fyfe, Sullivan, Roche, Johnson & Farraher, Vincent J. Mullins and Daniel H. Dibert for Plaintiffs and Appellants and for Defendant and Appellant.

Philip T. Boyle, Bruce A. Richardson, Wyckoff, Parker, Boyle & Pope, C. Ray Robinson, Duane W. Dresser, J.T. Harrington, Arthur R. Albrecht, J. Carter Perkins, Michael Klynn, McCutchen, Doyle, Brown, Trautman & Enersen, Richard J. Archer, Robert D. Raven, William R. Berkman, Morrison, Foerster, Holloway, Clinton & Clark and Stefan A. Riesenfeld for Defendants and Respondents.

Edward D. Landels and Landels, Ripley, Gregory & Diamond as Amici Curiae on behalf of Defendants and Respondents.

TOBRINER, J.

Plaintiffs brought these four actions to quiet title to undivided mineral interests underlying section 31, township 16 south, range 11 east, Mt. Diablo base and meridian, in San Benito County (section 31). They claimed these interests as successors of stockholders in two nowdefunct corporations, Ashurst Oil, Land and Development Company (Ashurst) and California Oil Products Company (COP), which obtained specified mineral rights in section 31 in 1910....

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