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MINEX RESOURCES, INC. v. MORLAND

Civ. Nos. 900176, 900213, 900214, 900215 and 900235.

467 N.W.2d 691 (1991)

MINEX RESOURCES, INC., Plaintiff and Appellant, v. Robert MORLAND, Special Administrator of the Estate of Kathleen O'Connell, Defendant, Third-Party Plaintiff and Appellee, v. PATRICK PETROLEUM COMPANY, a foreign corporation, and Petrotech, Inc., a foreign corporation, Third-Party Defendants. MINEX RESOURCES, INC., Plaintiff, v. Robert MORLAND, Special Administrator of the Estate of Kathleen O'Connell, Defendant, Third-Party Plaintiff and Appellant, v. PATRICK PETROLEUM COMPANY, a foreign corporation, Third-Party Defendant and Appellee, and Petrotech, Inc., a foreign corporation, Third-Party Defendant. MINEX RESOURCES, INC., Plaintiff, v. Robert MORLAND, Special Administrator of the Estate of Kathleen O'Connell, Defendant and Third-Party Plaintiff, v. PATRICK PETROLEUM COMPANY, a foreign corporation, Third-Party Defendant and Appellee, and Petrotech, Inc., a foreign corporation, Third-Party Defendant and Appellant. MINEX RESOURCES, INC., Plaintiff, v. Robert MORLAND, Special Administrator of the Estate of Kathleen O'Connell, Defendant, Third-Party Plaintiff and Appellee, v. PATRICK PETROLEUM COMPANY, a foreign corporation, Third-Party Defendant and Appellant, and Petrotech, Inc., a foreign corporation, Third-Party Defendant. MINEX RESOURCES, INC., Plaintiff, v. Robert MORLAND, Special Administrator of the Estate of Kathleen O'Connell, Defendant, Third-Party Plaintiff and Appellant, v. PATRICK PETROLEUM COMPANY, a foreign corporation, Third-Party Defendant, and Petrotech, Inc., a foreign corporation, Third-Party Defendant and Appellee.

Supreme Court of North Dakota.

March 19, 1991.

Attorney(s) appearing for the Case

Michael J. Maus (argued), of Howe, Hardy, Galloway & Maus, P.C., Dickinson, for plaintiff and appellant.

James D. Geyer (argued), of Mackoff, Kellogg, Kirby & Kloster, P.C., Dickinson, for defendant, third-party plaintiff, appellee and appellant Robert Morland, Sp. Administrator of the Estate of Kathleen O'Connell.

Eugene F. Buresh (argued), of Freed, Dynes, Reichert & Buresh, P.C., Dickinson, for third-party defendant, appellee and appellant Patrick Petroleum Co.

David F. Senn (argued), of Baird & Senn, Dickinson, for third-party defendant, appellant and appellee Petrotech, Inc.

MESCHKE, Justice.

Minex Resources, Inc. sued the Estate of Kathleen O'Connell1 for breach of warranty in a personal representative's deed, seeking $14,533.64 and future operating expenses for that portion of the working interest in an oil and gas well located in Billings County, which the Estate had sold and conveyed to Minex in 1983. The Estate brought third-party claims against Patrick Petroleum Company and Petrotech, Inc. seeking indemnity...

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