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BAUKOL-NOONAN, INC. v. BARGMANN

Civ. No. 9566.

283 N.W.2d 158 (1979)

BAUKOL-NOONAN, INC., Plaintiff and Appellee, v. Enid BARGMANN, formerly Enid Gullickson, Individually and as Trustee of the trust created under the Last Will and Testament of Samuel Henderscheid, Sr., Deceased, and as Executrix of the Estate of Warren Henderscheid, Deceased, Samuel Henderscheid, Jr., and Waldo B. Henderscheid, Defendants, Cross-Claimants, and Appellees, v. Marion J. MONAHAN, Ruth Bigelow, Gretchen Ward, Maude Carole Jensen, formerly Maude Carole Eckenrode, Beverly Robinson, Michelle Weigant, Bonnie Goodman, and Barbara Donahue, Defendants, Cross-Claimants, and Appellants.

Supreme Court of North Dakota.

Rehearing Denied August 22, 1979.

Attorney(s) appearing for the Case

Nevin Van de Streek of Eaton & Van de Streek, Minot, for plaintiff and appellee; submitted brief without oral argument.

Orville A. Schulz, New Salem, for defendants, cross-claimants, and appellees.

Peter S. Pantaleo of Lundberg, Conmy, Nodland, Rosenberg, Lucas & Schulz, Bismarck, for defendants, cross-claimants, and appellants.

VANDE WALLE, Justice.

The plaintiff, Baukol-Noonan, Inc., the lessee under a coal lease from Samuel Henderscheid, Sr., instituted an action in district court naming the heirs of Samuel, Sr., as defendants, and requested the court to construe the terms of a trust created under the will of Samuel, Sr., in order to determine which of the defendants are entitled to receive payments called for under the lease. Certain defendants cross-claimed against other defendants....

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