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KNIFE RIVER COAL MIN. CO. v. NEUBERGER

Civ. Nos. 900297, 900291.

466 N.W.2d 606 (1991)

KNIFE RIVER COAL MINING COMPANY, Plaintiff and Appellee, v. Shirley NEUBERGER; Marvell McMains; Dennis Neuberger; Dale Neuberger; Violet Cody; Defendants, and Shirley Neuberger and Dennis Neuberger, as Personal Representatives of the Estate of Ella Neuberger, Defendants and Appellants. KNIFE RIVER COAL MINING COMPANY, Plaintiff and Appellee, v. Shirley NEUBERGER; Marvell McMains; Dennis Neuberger; Violet Cody; and Shirley Neuberger and Dennis Neuberger, as Personal Representatives of the Estate of Ella Neuberger, Defendants, and Dale Neuberger, Defendant and Appellant.

Supreme Court of North Dakota.

As Amended February 27, 1991.

Attorney(s) appearing for the Case

Richardson, Isakson & Lange, Hazen, for defendants and appellants, Shirley Neuberger and Dennis Neuberger, as Personal Representatives of the Estate of Ella Neuberger; argued by John Richardson.

Schultz Law Firm, Bismarck, for defendant and appellant, Dale Neuberger; argued by Alfred C. Schultz; appearance by Floyd B. Sperry, Bismarck.

Pearce & Durick, Bismarck, for plaintiff and appellee; argued by William P. Pearce.

ERICKSTAD, Chief Justice.

The defendants, Dennis and Shirley Neuberger, who are acting as the personal representatives of the Ella Neuberger Estate, and Dale Neuberger (Neubergers), appeal from the judgment of the District Court for the South Central Judicial District dated July 25, 1990. The district court denied the Neubergers' counterclaims which sought damages from Knife River Coal Mining Company (Knife River) under the Surface Owner Protection Act. The Neubergers...

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