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LITZENBERGER v. MERGE

No. 84-196.

698 P.2d 1152 (1985)

Carl LITZENBERGER, Appellant (Plaintiff), v. Kathryn L. MERGE, John Scott Litzenberger and William K. Litzenberger, sole legatees, devisees and heirs at law of Alvene Litzenberger, Deceased, Appellees (Defendants).

Supreme Court of Wyoming.

April 29, 1985.

Attorney(s) appearing for the Case

Stephen H. Kline of Kline & Buck, Cheyenne, for appellant.

Wade E. Waldrip of Williams, Kelly & Waldrip, Rawlins, for appellees.

Before THOMAS, C.J., and ROSE, ROONEY, BROWN and CARDINE, JJ.

ROONEY, Justice.

This appeal is from an order dismissing appellant's complaint with prejudice. The complaint requested judgment against appellees, as the three remaining heirs of Alvene Litzenberger, deceased, in the amount of $24,223.41, the amount of an alleged debt incurred by Alvene Litzenberger. The probate of the estate of Alvene Litzenberger has been closed and the complaint was founded (in appellant's words) "presumably under an unjust enrichment theory or...

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