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WEST v. ALPAR RESOURCES, INC.

Civ. No. 9794.

298 N.W.2d 484 (1980)

Dorothea C. WEST, Roger West, Jason West, and Stephanie West, Plaintiffs and Appellants, v. ALPAR RESOURCES, INC., Defendants and Appellees.

Supreme Court of North Dakota.

October 27, 1980.

Attorney(s) appearing for the Case

Wegner, Fraase & Nordeng, Fargo, for plaintiffs and appellants; argued by Mervin Nordeng, Fargo.

Fleck, Mather, Strutz & Mayer, Bismarck, for defendants and appellees; appearance by Jane Fleck Romanov, Bismarck; argued by Russell R. Mather, Bismarck.

Bickle, Coles & Snyder, Bismarck, and Michael C. Smith, Tulsa, Okl., for Gulf Oil Corp., amicus curiae.

Owen L. Anderson, Asst. Atty. Gen., UND School of Law, Grand Forks, and John W. Morrison, Jr., Bismarck, Counsel, State Land Dept. for State of North Dakota, by and through the Board of University and School Lands, amicus curiae.

ERICKSTAD, Chief Justice.

This is an appeal by the plaintiffs, Dorothea C. West, Roger West, Jason West, and Stephanie West (hereinafter the Wests) from the partial summary judgment of the McKenzie County District Court entered April 15, 1980, dismissing, with prejudice, counts I and II of the Wests' action against the defendant, Alpar Resources, Inc. (hereinafter Alpar). Pursuant to Rule 54(b) of the North Dakota Rules of Civil Procedure, the district court made...

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