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FEILER v. WANNER

Civ. No. 10441.

340 N.W.2d 168 (1983)

Ewald FEILER, Plaintiff and Appellee, v. Katherine F. WANNER, Defendant and Appellant.

Supreme Court of North Dakota.

November 3, 1983.

Attorney(s) appearing for the Case

Howe, Hardy, Galloway & Maus, Dickinson, for plaintiff and appellee; argued by Albert J. Hardy, Dickinson.

Kubik, Bogner, Bleth & Ridl, Dickinson, for defendant and appellant; argued by Joseph H. Kubik, Dickinson.

SAND, Justice.

The defendant, Katherine F. Wanner (Wanner), appealed from a summary judgment granted in favor of the plaintiff, Ewald Feiler (Feiler), in an action by Feiler to quiet title in himself to certain mineral rights.

Feiler owned a 650-acre farm in central Stark County, North Dakota. In the early 1960's the State sought acquisition of approximately 48 acres of Feiler's farm for construction of United States Interstate

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