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NANTT v. PUCKETT ENERGY CO.

Civ. No. 10976.

382 N.W.2d 655 (1986)

Luella NANTT and Lloyd Nantt, wife and husband; LaVerne Oster, Attorney-in-Fact for Paul E. Rockstad, and Paul E. Rockstad; Gerald R. Rockstad, a/k/a Gerald Rockstad and Anita A. Rockstad, husband and wife; Ronald C. Christianson and Patricia A. Christianson, husband and wife; Eddy D. Nelson and Mary Ellen Nelson, husband and wife; Inga Sandry; Jennie E. Stedman and Virgil L. Stedman, wife and husband, Plaintiffs and Appellees, v. PUCKETT ENERGY CO., 215 Security Life Building, Denver, CO, Defendant and Appellant.

Supreme Court of North Dakota.

February 20, 1986.

Attorney(s) appearing for the Case

Malloy & Malloy, Dickinson, for plaintiffs and appellees; argued by Harry L. Malloy.

Bjella, Neff, Rathert, Wahl & Eiken, Williston, for defendant and appellant, argued by Paul W. Jacobson, appearance by William Bergman, House Counsel for Alfson Energy Company.

MESCHKE, Justice.

Puckett Energy Company appeals from a $72,000 judgment in favor of plaintiffs ("Rockstads") on Puckett's second drafts for additional bonus for its separate top leases of oil and gas of the Rockstads' individual undivided mineral interests under a half-section in Williams County. Puckett claims that a special clause in its top leases gave Puckett the option of paying the second drafts or, alternatively, that its top leases were void under the rule...

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