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CHORD v. PACER CORP.

No. 13502.

326 N.W.2d 224 (1982)

Donald CHORD, Zoe Grotzke, Doris Mickelson, Wayne S. Chord, Ruth Mayer, Ilowee Owens, Iris Dau, Paul Chord, Sharron Malone, Peggy Hubbard, Casey Chord and Richard Chord, Plaintiffs and Appellees, v. PACER CORPORATION, Defendant and Appellant.

Supreme Court of South Dakota.

Decided November 17, 1982.

Attorney(s) appearing for the Case

George A. Bangs of Bangs, McCullen, Butler, Foye & Simmons, Rapid City, for plaintiffs and appellees; Joseph M. Butler of Bangs, McCullen, Butler, Foye & Simmons, Rapid City, on brief.

Steven C. Beardsley of Lynn, Jackson, Shultz & Lebrun, Rapid City, for defendant and appellant.

WOLLMAN, Justice.

This is an appeal from a judgment rendering appellant liable for the royalty on tantalum ore removed from a mine leased by appellees to appellant. We affirm.

Appellees are the children of Roy Chord, who is now deceased. In 1970, Roy Chord and his wife, appellees' stepmother, entered into a mining lease with Robert Cullum. In 1972, the Chords and Robert Cullum formed Pacer Corporation and the terms of the 1970 lease were continued, with Mr...

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