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HELM BROS., INC. v. TRAUGER

Civ. No. 11065.

389 N.W.2d 600 (1986)

HELM BROS., INC., a corporation, Plaintiff, Appellant, and Cross-Appellee, v. Paul E. TRAUGER, Maryann L. Trauger, Rose Ann Hermann, Zella Trauger-Zahn, Margaret Zinke, Calvin Trauger and Mildred Archambeau, Defendants, Appellees, and Cross-Appellants.

Supreme Court of North Dakota.

June 19, 1986.

Attorney(s) appearing for the Case

Bair, Brown & Kautzmann, Mandan, for plaintiff, appellant, and cross-appellee; argued by Malcolm H. Brown.

Vogel Law Firm, Mandan, for defendants, appellees, and cross-appellants; argued by Jos. A. Vogel, Jr.

LEVINE, Justice.

Helm Bros., Inc. (Helm), appeals from a judgment determining its rights under a mining lease. Helm also appeals from an order denying its motion for a new trial. Paul Trauger, Maryann Trauger, Rose Ann Hermann, Zella Trauger-Zahn, Margaret Zinke, Calvin Trauger, and Mildred Archambeau (hereinafter collectively referred to as Trauger) cross-appeal from the judgment. We affirm.

Helm (lessee) and Trauger (lessor) are the parties to a sand, gravel...

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