OLSON v. SCHWARTZ

Civ. Nos. 10466, 10503.

345 N.W.2d 33 (1984)

Theodore OLSON, Plaintiff and Appellee, v. Earl SCHWARTZ and Gofor Oil, Inc., Defendants, Vern Lund, Defendant and Appellant. Merwyn L. LARSEN, Dwaine Larsen, Marlene Resch, and Marlys Rodenz, Plaintiffs and Appellees, v. Earl SCHWARTZ, Defendant, and Prosper Energy Corporation, Defendant and Appellant.

Supreme Court of North Dakota.

February 6, 1984.


Attorney(s) appearing for the Case

Richard H. McGee, Sr. [argued], of McGee, Hankla, Backes & Wheeler, Minot, for appellant in Civ. No. 10466.

Frederick E. Whisenand, Jr. [argued] and Bruce O. Bekkedahl, of McIntee & Whisenand, Williston, for appellee in Civ. No. 10466.

Gary R. Wolberg [argued], of Fleck, Mather, Strutz & Mayer, Ltd., Bismarck, for appellant in Civ. No. 10503.

Bruce O. Bekkedahl [argued], and Frederick E. Whisenand, Jr., of McIntee & Whisenand, Williston, for appellees in Civ. No. 10503.


GIERKE, Acting Chief Justice.

These are appeals from separate judgments of the District Court of Burke County decreeing cancellation of portions of certain oil and gas leaseholds on the theory of abandonment. We reverse.

These cases had been consolidated for trial in the district court on December 16, 1982, with three other cases involving similar factual issues. On April 20, 1983, the district court issued its memorandum opinion in lieu of findings of fact...

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