CHRISTMAN v. EMINETH

Civ. No. 8900.

212 N.W.2d 543 (1973)

Carl T. CHRISTMAN, Plaintiff/Appellant, v. Florian EMINETH et al., Defendants, The Federal Land Bank of Saint Paul, St. Paul, Minnesota, Defendant/Appellee.

Supreme Court of North Dakota.

Rehearing Denied December 4, 1973.


Attorney(s) appearing for the Case

Harvey J. Miller, Dickinson, and Sperry & Schultz, Bismarck, for plaintiff/appellant.

Pearce, Anderson, Pearce, Thames & Pearce, Bismarck, for defendant/appellee.

Conmy, Feste, DeMars & Bossart, Fargo, amicus curiae on behalf of Burlington-Northern.

E. J. Rose, Bismarck, amicus curiae.


ERICKSTAD, Chief Justice.

The plaintiff, Carl T. Christman, appeals from a judgment of the district court of Morton County which held that the defendant, The Federal Land Bank of Saint Paul, was the holder of fee simple title to fifty per cent of all the oil, gas and other minerals, including lignite coal, in or under certain lands situated in Oliver County, North Dakota, together with the right to enter upon the surface of the land to explore for and remove said...

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