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KLAS v. PHILLIPS PETROLEUM CO.

Civ. No. 880020.

426 N.W.2d 8 (1988)

Joan KLAS and Dan Wilson, Plaintiffs and Appellants, v. PHILLIPS PETROLEUM CO. and Aminoil USA, Inc., Defendants and Appellees.

Supreme Court of North Dakota.

July 19, 1988.

Attorney(s) appearing for the Case

Rolfstad, Winkjer, McKennett & Stenehjem, P.C., Williston, for plaintiffs and appellants; argued by Kent A. Reierson.

Pearce & Durick, Bismarck, for defendants and appellees; argued by William P. Pearce.

LEVINE, Justice.

Joan Klas and Dan Wilson appeal from a summary judgment of dismissal. We affirm.

In December 1982 appellants' uncle, Grat Wilson of Missouri, executed a top lease to Aminoil USA, Inc., for land situated in McKenzie County, North Dakota, described as:

"Township 151 North, Range 104 West Section 4: N½ SW¼, SE¼ NW¼, Lot 5 (35.00) Section 5: Lot 7 (5.25) plus...

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