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BORTH v. GULF OIL EXPLORATION & PRODUCTION CO.

Civ. No. 10020.

313 N.W.2d 706 (1981)

Ervin BORTH and Hertha Borth, husband and wife, Plaintiffs, Appellees and Cross-Appellants, v. GULF OIL EXPLORATION AND PRODUCTION COMPANY, a Division of Gulf Oil Corporation, Defendant, Appellant and Cross-Appellee.

Supreme Court of North Dakota.

December 22, 1981.

Attorney(s) appearing for the Case

Fleck, Mather, Strutz & Mayer, Bismarck, for defendant, appellant and cross-appellee; argued by Gary R. Wolberg, Bismarck.

Freed, Dynes, Malloy & Reichert, Dickinson, for plaintiffs, appellees and cross-appellants; argued by Harry L. Malloy, Dickinson.

SAND, Justice.

This is an appeal by the defendant, Gulf Oil Exploration and Production Company [Gulf Oil], and a cross-appeal by the plaintiffs Ervin Borth and Hertha Borth [Borths], from a district court judgment which terminated an oil and gas lease as to 20 mineral acres owned by the Borths and validated the lease as to 60 mineral acres.

On 7 July 1976 the Borths, as lessors, and John W. Batts, as lessee, executed a ten-year oil and gas lease covering 80...

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