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SIMPLER v. LOWREY

Civ. No. 10232.

322 N.W.2d 848 (1982)

Palmer SIMPLER and Margaret Simpler, by Inez Ulrich Saunders, Personal Representative of Said Estates, Plaintiff and Appellant, v. Les LOWREY, George A. Fentress, and George Bernat, Defendants and Appellees.

Supreme Court of North Dakota.

August 12, 1982.

Attorney(s) appearing for the Case

Beyer & Holm Law Office, Dickinson, for plaintiff and appellant; no appearances.

Mackoff, Kellogg, Kirby & Kloster, Dickinson, for defendants and appellees; argued by Ward M. Kirby.

ERICKSTAD, Chief Justice.

This case involves a motion to dismiss an appeal from a summary judgment, dated April 7, 1982, of the District Court of Billings County whereby the court dismissed the plaintiffs' action with prejudice. We grant the defendants' motion to dismiss the appeal.

Palmer and Margaret Simpler commenced an action in the district court to recover additional moneys from the conveyance of mineral deeds, or, in the alternative, to restore ownership...

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