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O'CONNOR v. WILKE

No. 84-556.

705 P.2d 572 (1985)

Catherine O'CONNOR, Individually and as Ppersonal Representative of the Estate of Alfred Fisher, Deceased; Ralph Fisher, et al., Plaintiffs and Respondents, v. John F. WILKE, Carl L. Caraker, and Robert A. Wilke, Defendants and Appellants.

Supreme Court of Montana.

Decided August 29, 1985.

Attorney(s) appearing for the Case

Schulz, Davis & Warren, John Warren, Dillon, for defendants and appellants.

Burgess, Joyce & Whelan, Thomas Joyce, Butte, for plaintiffs and respondents.

HARRISON, Justice.

In the action below, Catherine Fisher O'Connor individually, and as Personal Representative of the Estate of Alfred Fisher, together with Ralph Fisher, David Fisher and Phyllis Fisher Crnkovich (hereinafter Fishers) initiated this action seeking to quiet title to four mining claims. John Wilke, Carl Caraker and Robert Wilke (hereinafter Wilkes) contested the action claiming they were the owners of the four

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