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SERHIENKO v. KIKER

No. 11039.

392 N.W.2d 808 (1986)

Renee SERHIENKO; Ramona Romanyshyn; Kathryn Mularchek; Mercy Anheluk; Joseph Romanyshyn; and Joseph Romanyshyn as Trustee for Regina Romanyshyn and Roxanna Romanyshyn, minor children, Plaintiffs, Appellants, and Cross-Appellees, v. Russell L. KIKER, Jr., an individual; and Martin Oil Company, a foreign corporation, Defendants, Third Party Plaintiffs, Appellees, and Cross-Appellants, and Any unknown persons claiming any right, title or interest in any of the oil and gas in and under the following property in the County of Billings, and State of North Dakota: The South Half of the Northeast Quarter (S½NE¼) and the Southeast Quarter (SE¼) of Section Three (3); the South Half of the Northwest Quarter (S½NW¼) and the North Half of the Southwest Quarter (N½SW¼) of Section Ten (10); all in Township 143 North, Range 98 West of the 5th P.M., Defendants, v. GULF OIL CORPORATION, Third Party Defendant.

Supreme Court of North Dakota.

August 20, 1986.

Attorney(s) appearing for the Case

Freed, Dynes, Reichert & Buresh, Dickinson, for plaintiffs, appellants, and cross-appellees; argued by George T. Dynes.

Bruce E. Bohlman, Grand Forks, for defendant, third party plaintiff, appellee, and cross-appellant Russell L. Kiker, Jr. Appearance by Marvin L. Kaiser, Williston.

Graybill & Craig, Wichita, Kan., for defendant, third party plaintiff, appellee, and cross-appellant Martin Oil Co. Appearance by J.B. Craig.

Pearce & Durick, Bismarck, for third party defendant. Appearance by Lawrence A. Dopson.

GIERKE, Justice.

The plaintiffs appeal from a judgment and amended judgment of the district court which dismissed their action seeking cancellation of two oil and gas leases and damages for slander of title. Defendants Russell L. Kiker, Jr., and Martin Oil Company (Martin) have cross-appealed from a portion of the amended judgment dismissing their counterclaims against the plaintiffs. We affirm in part, reverse in part, and remand for further proceedings.

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