NORTH DAKOTA MINERAL INTERESTS v. BERGER

Civ. No. 920371.

509 N.W.2d 251 (1993)

NORTH DAKOTA MINERAL INTERESTS, INC., Plaintiff and Appellant, v. Kenny BERGER, Defendant and Appellee, and Saul Azar, Intervenor Defendant and Appellee.

Supreme Court of North Dakota.

December 2, 1993.


Attorney(s) appearing for the Case

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

Rauleigh D. Robinson (argued), Bismarck, for defendant and appellee Kenny Berger. Appearance by defendant and appellee Kenny Berger.

Ross H. Espeseth (argued), Bismarck, for intervenor defendant and appellee Saul Azar.


MESCHKE, Justice.

This is a dispute over the proceeds from the sale of a Smaco pumping unit, a cement pad, a horizontal treater, and a fiberglass tank removed from the Andrew Heiser # 1 oil well site in Dunn County. North Dakota Mineral Interests, Inc. [Mineral], appeals from a judgment awarding the first $7,960.75 in sale proceeds to Kenny Berger to pay his lien and dividing the remaining proceeds equally between Mineral and Saul Azar. We affirm in part, reverse...

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