IMPERIAL OIL OF N.D. v. INDUSTRIAL COMM'N

Civ. No. 11222.

406 N.W.2d 700 (1987)

IMPERIAL OIL OF NORTH DAKOTA, INC. and Target Energies, Inc., Appellants, v. INDUSTRIAL COMMISSION OF The STATE of North Dakota In the Matter of a Hearing Called On a Motion of the Commission to Consider the Application of Flying J Exploration and Production, Inc. for an Order Resolving a Dispute as to the Reasonable Actual Cost of Drilling and Operating the # 4-35 Skjelvik Well, located in the N/2 of Section 35, Township 150 North, Range 97 West, McKenzie County, North Dakota, as Provided in Order No. 2818, Appellee, and Flying J Exploration & Production, Inc., Intervenor & Appellee.

Supreme Court of North Dakota.

May 28, 1987.


Attorney(s) appearing for the Case

Rolfstad, Winkjer, McKennett & Stenehjem, Williston, for Imperial Oil of North Dakota, Inc.; argued by Dean Winkjer.

Marvin L. Kaiser, Williston, for Target Energies, Inc.

Lawrence Bender, Asst. Atty. Gen., Industrial Com'n of North Dakota, Bismarck, for Industrial Com'n of the State of N.D.

Fleck, Mather, Strutz & Mayer, Bismarck, for Flying J Exploration & Production, Inc.; argued by John Morrison.


ERICKSTAD, Chief Justice.

Imperial Oil of North Dakota, Inc. (Imperial), and Target Energies, Inc. (Target), appealed from a district court judgment affirming an Industrial Commission (Commission) order determining that interest is a reasonable actual cost of drilling and operating a well and that Flying J Exploration and Production, Inc. (Flying J), was entitled to recover interest from Imperial and Target at an annual rate of 12.72 percent on their proportionate...

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