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BURLINGTON NORTHERN, INC. v. HALL

Civ. No. 10138.

322 N.W.2d 233 (1982)

BURLINGTON NORTHERN, INC., Plaintiff and Appellee, v. L. P. HALL, the unknown heirs of L. P. Hall, Lorena Vashti Hall, Ralph Mosser, Meta C. Mosser, Donald J. Hall, Wallace Hall, Leonard W. Hall, Mary Louise Joiner, Linas V. Hall, Martha Lou Hall, Edith Imoe, and all other persons unknown claiming any estate or interest in, lien or encumbrance upon, the property described in the Complaint, Defendants and Appellants.

Supreme Court of North Dakota.

July 15, 1982.

Attorney(s) appearing for the Case

Nilles, Hansen, Selbo, Magill & Davies, Fargo, for plaintiff and appellee; argued by John Michael Nilles, Fargo.

Harold H. Halstead, Mercer Island, Wash., and Mackoff, Kellogg, Kirby & Kloster, Dickinson, for defendants and appellants Hall; argued by Harold H. Halstead, Mercer Island, Wash.

Freed, Dynes, Reichert & Buresh, Dickinson, for defendants and appellants Mosser; argued by George T. Dynes, Dickinson.

SAND, Justice.

This is an appeal by the defendants, Ralph Mosser and Meta C. Mosser [hereinafter referred to as Mossers], and the heirs of L. P. Hall [hereinafter referred to as Hall heirs], from a district court judgment quieting title to mineral rights under 12 sections (approximately 7,750 acres) of land located in Golden Valley County, North Dakota, in Burlington Northern, Inc. [hereinafter referred to as Burlington Northern], and from a district court order denying...

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