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MURPHY v. ROSSOW

No. 20090299.

787 N.W.2d 746 (2010)

2010 ND 162

Thomas J. MURPHY, Plaintiff and Appellant v. Naomi ROSSOW, f/k/a Naomi Murphy, Defendant and Appellee.

Supreme Court of North Dakota.

August 23, 2010.

Attorney(s) appearing for the Case

Monte Lane Rogneby (argued) and Robin Ann Schmidt (appeared), Bismarck, ND, for plaintiff and appellant.

Bruce A. Selinger , Dickinson, ND, for defendant and appellee.

CROTHERS, Justice.

[¶ 1] Thomas Murphy appeals the district court's amended divorce judgment granting his ex-wife, Naomi Rossow, a one-half interest in mineral rights omitted from the original divorce decree. We affirm in part, reverse in part and remand for further proceedings.

I

[¶ 2] In 1978, members of Murphy's family created a trust and assigned to it mineral rights located in Dunn County. Murphy was a named beneficiary of the trust...

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