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SCHANK v. NORTH AMERICAN ROYALTIES, INC.

Civ. Nos. 8773, 8774.

201 N.W.2d 419 (1972)

Jacob SCHANK and Kathryn Schank, Plaintiffs and Appellants, v. NORTH AMERICAN ROYALTIES, INC., and Louis W. Hill, Jr., Defendants and Respondents. E. F. RAKOWSKI, Plaintiff and Appellant, v. NORTH AMERICAN ROYALTIES, INC., and Louis W. Hill, Jr., Defendants and Respondents.

Supreme Court of North Dakota.

Rehearing Denied November 3, 1972.

Attorney(s) appearing for the Case

Mackoff, Kellogg, Kirby & Kloster, Dickinson, for plaintiffs and appellants.

Pearce, Engebretson, Anderson, Schmidt & Thames, Bismarck, for defendants and respondents.

TEIGEN, Justice.

The plaintiffs have appealed from separate judgments in two actions to quiet the title to certain mineral interests in land on the theory that certain oil and gas leases given by the plaintiffs to the defendants terminated because of the failure of the defendants to pay delay rentals or to commence a well. Separate actions were brought by each of the plaintiffs against the same defendants. The cases were consolidated for the purpose of trial. Separate...

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