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SIMPLER v. LOWREY

Civ. No. 10010.

316 N.W.2d 330 (1982)

Palmer SIMPLER, Plaintiff and Appellant Margaret Simpler, Plaintiff, v. Les LOWREY, George A. Fentress and George A. Bernat, Defendants and Appellees.

Supreme Court of North Dakota.

February 24, 1982.

Attorney(s) appearing for the Case

Beyer & Holm, Dickinson, for plaintiff and appellant Palmer Simpler; no appearance.

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

PAULSON, Justice.

Palmer Simpler appeals from an order granting summary judgment entered by the District Court of Billings County on March 26, 1981. The appellees have moved for dismissal of the appeal. We grant the motion to dismiss the appeal.

Palmer and Margaret Simpler, husband and wife, commenced an action in the District Court of Billings County to recover additional moneys from the conveyance of mineral deeds, or, in the alternative, to restore ownership...

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