KIRBY v. ASHLAND OIL, INC.

No. 1-983A309.

463 N.E.2d 1127 (1984)

Robert R. KIRBY, Margaret M. Kirby, Husband and Wife, Oakley Gryder, Myrtle Gryder, Husband and Wife, Defendants-Appellants, v. ASHLAND OIL, INC., Larry Wayne Brown, Charlene J. Brown, Husband and Wife, et al., Plaintiffs-Appellees.

Court of Appeals of Indiana, First District.

Rehearing Denied July 6, 1984.


Attorney(s) appearing for the Case

Verner P. Partenheimer, C. Dean Higginbotham, Hall, Partenheimer & Kinkle, Princeton, for defendants-appellants.

Jack R. Brenton, Evansville, for plaintiffs-appellees.


RATLIFF, Judge.

STATEMENT OF THE CASE

The Kirbys and Gryders appeal from a Pike Circuit Court's granting of summary judgment in favor of certain owners of mineral interests thereby quieting title to the interests in those owners.

We reverse.

FACTS

On November 15, 1982, Ashland Oil, Inc., pursuant to Indiana Rules of Procedure, Trial Rule 22, filed its complaint in interpleader naming as defendants the Kirbys and several other individuals...

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