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CARVER v. HEIKKILA

No. 17065.

465 N.W.2d 183 (1991)

Russell CARVER and Norma Carver, Plaintiffs and Appellants, v. Howard HEIKKILA a/k/a Howard L. Heikkila and Reino Heikkila, a/k/a Reino W. Heikkila, Defendants and Appellees.

Supreme Court of South Dakota.

Decided January 23, 1991.

Attorney(s) appearing for the Case

Dennis W. Finch, Finch, Viken, Viken & Pechota, Rapid City, for plaintiffs and appellants.

James S. Nelson, Gunderson, Palmer, Goodsell & Nelson, Rapid City, Max Main, Bennett & Main, P.C., Donn Bennett, Bennett & Main, P.C., Belle Fourche, for defendants and appellees.

SABERS, Justice.

Carvers' declaratory judgment action was dismissed on grounds of res judicata, and they appeal.

Facts

In 1971, Heikkilas leased their oil and gas rights on a portion of their ranch to Inland Oil & Gas Corporation (Inland). In 1977, the portion of the ranch whose oil and gas rights were leased to Inland became part of the West Short Pine Hills Shannon Gas Field (common field).

In 1979, Heikkilas sold the entire...

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