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FELAND v. PLACID OIL COMPANY

Civ. No. 8548.

171 N.W.2d 829 (1969)

Edwin FELAND, Mildred Feland and James C. Hayes, Plaintiffs and Respondents, v. PLACID OIL COMPANY et al., Defendants, and Placid Oil Company; Cardinal Petroleum Company; Kye Trout, Jr.; Eklund Bros. Transport, Inc.; Richard Dach and Lilas Dach; and Dakota International Petroleum, Inc., Defendants and Appellants.

Supreme Court of North Dakota.

October 30, 1969.

Attorney(s) appearing for the Case

Pearce, Engebretson, Anderson & Schmidt, Bismarck, for appellants Cardinal Petroleum Co., Kye Trout, Jr., Eklund Bros. Transport, Inc., Richard Dach and Lilas Dach, and Dakota International Petroleum, Inc.

Fleck, Smith, Mather, Strutz & Mayer, Bismarck, for appellant Placid Oil Co.

Joseph P. Stevens, Minot, and Raymond J. Gengler, Denver, Colo., for plaintiffs and respondents.

TEIGEN, Chief Justice.

The question to be resolved in this case is: What is the effect of a shut-in for a period of nine months of a producing oil well under a clause in the lease, commonly referred to as a "thereafter" clause, which provides that after the primary term has expired the lease shall continue in effect "as long thereafter as oil, gas, casinghead gas, casinghead gasoline or any of them is produced from said leased premises, * * *"?

The oil well...

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