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PARK DIST. OF CITY OF DEVILS LAKE v. GARCIA

Civil No. 10313.

334 N.W.2d 824 (1983)

PARK DISTRICT OF the CITY OF DEVILS LAKE, Plaintiff and Appellant, v. David GARCIA and Estelle Garcia, and all other persons unknown claiming any estate or interest in, or lien or encumbrance upon, the property described in the complaint, Defendants and Appellees.

Supreme Court of North Dakota.

May 26, 1983.

Attorney(s) appearing for the Case

Lewis C. Jorgenson, Devils Lake, for plaintiff and appellant Park Dist. of the City of Devils Lake.

David Garcia, of Garcia & Garcia, Devils Lake, for defendants and appellees Garcia; on brief.

Murray G. Sagsveen, Sp. Asst. Atty. Gen., Bismarck, for amici curiae State of N.D. and Garrison Diversion Conservancy Dist.

Carol E. Dinkins, Asst. Atty. Gen., and Dirk D. Snel and Kathleen P. Dewey, Attys., Dept. of Justice, Washington, D.C., for amicus curiae The U.S.; on brief.

VANDE WALLE, Justice.

The Park District of the City of Devils Lake (hereinafter "Park District") appealed from a judgment quieting title in David and Estelle Garcia. We reverse the judgment and remand the case for further proceedings consistent with this opinion.

This appeal reaches us in a strange posture. James G. Schroeder brought a quiet-title action against the Garcias and all other persons unknown claiming any estate or interest in, or lien or encumbrance...

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