CANTERRA PETRO. v. WESTERN DRILLING & MINING SUPPLY

Civ. No. 870114.

418 N.W.2d 267 (1987)

CANTERRA PETROLEUM, INC., Plaintiff and Appellee, v. WESTERN DRILLING & MINING SUPPLY, Defendant, Third Party Plaintiff and Appellee, v. NORTHSTAR EQUIPMENT CORPORATION, Third Party Defendant, Fourth Party Plaintiff and Appellant, v. YAMIN OIL SUPPLY, Fourth Party Defendant.

Supreme Court of North Dakota.

December 29, 1987.


Attorney(s) appearing for the Case

Fleck, Mather, Strutz & Mayer, P.C., Bismarck, for Canterra Petroleum, Inc., and by stipulation for Western Drilling & Mining Supply; argued by Curtis L. Wike, Bismarck.

Bennett Aisenberg, Denver, Colo., and Wheeler, Wolf, Peterson, Schmitz, McDonald & Johnson, Bismarck, for Western Drilling & Mining Supply; appearance by stipulation through Canterra Petroleum, argued by Curtis L. Wike, Bismarck.

Gordon, Hurwitz, Butowsky, Weitzen, Shalov & Wein, New York City, and Zuger & Bucklin, Bismarck, for North Star Equipment Corp.; argued by Robert V. Bolinske, Bismarck.

Steven M. Yamin, Yamin Oil Supply, Houston, Tex. No appearance.


ERICKSTAD, Chief Justice.

NorthStar Equipment Corporation ["NorthStar"] appeals from a district court summary judgment awarding Western Drilling & Mining Supply ["Western"] $228,245.72 on its third-party claim against NorthStar. We reverse and remand for trial.

This multi-party litigation arises out of various transactions involving a certain quantity of oilfield pipe. The pipe was originally owned by Mitchell Energy Corporation ["Mitchell"]. In late 1981...

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