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WILLIAMS CO. v. HAMILTON

Civ. No. 880057.

427 N.W.2d 822 (1988)

WILLIAMS COMPANY, a partnership, Plaintiff and Appellant, v. Larry A. HAMILTON, Philip Hamilton, Margie Hamilton Ousterhout, and Judy Casper, individually and as heirs of the Estate of Finlay F. Hamilton, Defendants and Appellees.

Supreme Court of North Dakota.

On Rehearing September 20, 1988.

Attorney(s) appearing for the Case

William P. Pearce, of Pearce & Durick, Bismarck, for plaintiff and appellant.

Mary E. Nordsven, of Howe, Hardy, Galloway & Maus, P.C., Dickinson, for defendants and appellees.

VANDE WALLE, Justice.

Williams Company appealed from a summary judgment determining that Larry A. Hamilton, Philip Hamilton, and Judy Casper (hereinafter referred to as the Hamilton heirs) owned the mineral interest in certain real estate, that certain deeds conveyed only a royalty interest, and that Williams Company was to provide the Hamilton heirs with an accounting as to the production of all oil and gas on the subject property. Because the record contains no...

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