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SCHWARTZENBERGER v. HUNT TRUST ESTATE

Civ. No. 9202.

244 N.W.2d 711 (1976)

Matt SCHWARTZENBERGER and Ruth Schwartzenberger, husband and wife, Plaintiffs and Appellants, v. William Herbert HUNT TRUST ESTATE, John T. Livingston, Trustee, Defendant and Appellee.

Supreme Court of North Dakota.

Rehearing Denied August 24, 1976.

Attorney(s) appearing for the Case

James L. Taylor, Watford City, for plaintiffs and appellants.

Rolfstad, Winkjer, Suess, McKennett & Kaiser, Williston, for defendant and appellee; submitted without oral argument by Dean Winkjer.

ERICKSTAD, Chief Justice.

Matt and Ruth Schwartzenberger, husband and wife, by complaint dated September 12, 1974, initiated a cause of action (claim for relief) against William Herbert Hunt Trust Estate, Lloyd B. Sands, Trustee. John T. Livingston was substituted as trustee defendant when it became known that Lloyd B. Sands was no longer the trustee and Livingston voluntarily submitted to the jurisdiction of the court.

In the complaint, the Schwartzenbergers...

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