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U.S. BANK, NATIONAL ASS'N v. KOENIG

No. 20020038.

650 N.W.2d 820 (2002)

2002 ND 137

U.S. BANK, NATIONAL ASSOCIATION, as Trustee of the Washburn Trust No. 1, Plaintiff and Appellant, v. Donald V. KOENIG, Robert L. Koenig, James S. Koenig, Eilene J. Doble, and Joy A. Person, Defendants and Appellees, The Falkirk Mining Company, a corporation, the unknown successors, assignees, heirs or legatees of any of them, and all other persons unknown claiming any estate or interest in, or lien or encumbrance upon the property described in the complaint, Defendants.

Supreme Court of North Dakota.

Rehearing Denied September 27, 2002.

Attorney(s) appearing for the Case

William P. Pearce (argued), Pearce & Durick, Bismarck, for plaintiff and appellant.

William F. Lindell (argued) and David A. Lindell (appeared), Washburn, for defendants and appellees.

KAPSNER, Justice.

[¶ 1] U.S. Bank, as Trustee of the Washburn Trust No. 1, appeals from a summary judgment quieting title to the coal under a quarter section of land to Donald Koenig, Robert Koenig, James Koenig, Eilene Doble, and Joy Person ("Koenigs"). We construe a 1906 warranty deed conveying the land from U.S. Bank's predecessor in interest to the Koenigs' predecessor in interest to reserve the coal to U.S. Bank's predecessor. We reverse and remand for entry...

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