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PERSCHKE v. BURLINGTON NORTHERN, INC.

Civ. No. 9971.

311 N.W.2d 564 (1981)

Paul PERSCHKE, Gordon E. Perschke, Clementine Perschke, Robert P. Perschke, Katherine Perschke and Baukol-Noonan, Inc., Plaintiffs-Appellants, v. BURLINGTON NORTHERN, INC.; Oliver County, a political subdivision of the State of North Dakota; the State of North Dakota, and all persons unknown claiming any estate in or lien or encumbrance upon the property described in the Complaint, Defendants-Appellees.

Supreme Court of North Dakota.

October 28, 1981.

Attorney(s) appearing for the Case

Eaton, Van de Streek & Ward, Minot, for plaintiffs and appellants; argued by Nevin Van de Streek, Minot.

Nilles, Hansen, Selbo, Magill & Davies, Fargo, for Burlington Northern, Inc.; argued by J. Michael Nilles, Fargo.

Myron E. Bothun, Asst. Atty. Gen., State Highway Dept., Bismarck, for State of North Dakota; no appearance.

ERICKSTAD, Chief Justice.

The above-named appellants (herein Perschke) brought a quiet title action against the above-named appellees seeking:

"to establish the ownership in themselves, either as fee owners or lessees, of and to the coal lying in and under the Southwest Quarter (SW¼) of Section Twenty-three (23), Township One Hundred Forty-three (143) North, Range Eighty-four (84) West, ..." (the described property herein referred to as "the land")....

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