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CITY OF BISMARCK v. MUHLHAUSER

Civ. No. 9100.

234 N.W.2d 1 (1975)

CITY OF BISMARCK, a Municipal Corporation, Plaintiff-Appellant, v. Henry A. MUHLHAUSER et al., Defendants-Appellees.

Supreme Court of North Dakota.

Rehearing Denied October 7, 1975.

Attorney(s) appearing for the Case

John A. Zuger, City Atty., Bismarck, for plaintiff-appellant.

Joseph A. Vogel, Jr., Mandan, for Henry A. Muhlhauser, defendant-appellee.

Richard P. Rausch, Bismarck, amicus curiae.

PEDERSON, Judge.

A default judgment, quieting title to certain lands, was entered in favor of the City of Bismarck. The district court of Burleigh County granted an application by Muhlhauser to vacate and set aside such default judgment. The City appeals.

Titles to the lands involved were acquired by Burleigh County in tax proceedings, pursuant to Chapter 57-28, N.D.C.C., and were thereafter conveyed to the City of Bismarck. The lands are described as:

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