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NELSON v. McALESTER FUEL CO.

No. 20160007.

891 N.W.2d 126 (2017)

2017 ND 49

Ronnie L. NELSON, Plaintiff and Appellant v. McALESTER FUEL COMPANY, Defendant and Appellee and All unknown heirs of McAlester Fuel Company 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.

Filed March 7, 2017.

Attorney(s) appearing for the Case

Erin M. Conroy , 606 Main Street, P.O. Box 137, Bottineau, ND 58318, for plaintiff and appellant.

Zachary E. Pelham (argued) and Benjamin W. Keup (appeared), 314 East Thayer Avenue, P.O. Box 400, Bismarck, ND 58502-0400, for defendant and appellee McAlester Fuel Company.

[¶ 1] Ronnie Nelson appeals from an order and subsequent judgment dismissing his action to quiet title with prejudice. We affirm, concluding N.D.C.C. § 38-18.1-06(2) (2004) requires a surface owner to mail notice of lapse to the most recent address of record.

I

[¶ 2] Ronnie Nelson ("Nelson") is...

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