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EARTH BUILDERS, INC. v. STATE, ETC.

Civ. No. 10226.

325 N.W.2d 258 (1982)

EARTH BUILDERS, INC., Plaintiff and Appellant, v. STATE of North Dakota, For and on Behalf of the STATE HIGHWAY DEPARTMENT, Defendant and Appellee.

Supreme Court of North Dakota.

October 20, 1982.

Attorney(s) appearing for the Case

Zuger & Bucklin, Bismarck, for plaintiff and appellant; argued by John A. Zuger, Sr., Bismarck.

Robert E. Lane, Asst. Atty. Gen., State Highway Dept., Bismarck, for defendant and appellee.

PEDERSON, Justice.

This is an appeal by the plaintiff, Earth Builders, Inc., from a judgment of the district court of Burleigh County quieting the State's title to sand and gravel on land owned by Kermit Maloney. We reverse.

On March 31, 1976, Maloney executed and delivered to Earth Builders a four-year gravel, rock, sand, and clay lease, with a renewal clause, on land situated in McLean County, North Dakota. Earth Builders did not record the lease until February...

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