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BEAVERS v. KAISER

Civ. No. 940154.

537 N.W.2d 653 (1995)

J.W. BEAVERS, Jr., as Trustee of the William Herbert Hunt Trust Estate, Plaintiff and Appellant, v. Marvin L. KAISER and Russell L. Kiker, Jr., Defendants and Appellees, and William D. Walters, Sr.; Imperial Oil of North Dakota, Inc., a corporation; Target Energies, Inc.; an unnamed joint venture or enterprise consisting of William D. Walters, Sr., Marvin L. Kaiser, Russell L. Kiker, Jr., and possible other unknown persons; and all other persons unknown claiming any estate or interest in, or lien or encumbrance upon, the herein referred mineral estate, Defendants, and Russell L. KIKER, Jr. and Marvin L. Kaiser, Plaintiffs, v. William D. WALTERS, Sr.; and Imperial Oil of North Dakota, Inc., a corporation, Defendants.

Supreme Court of North Dakota.

September 11, 1995.

Attorney(s) appearing for the Case

Charles S. Miller, Jr., of Fleck, Mather & Strutz, Bismarck, for plaintiff and appellant. Appearance by Craig C. Smith, Bismarck.

Steven A. Johnson, of Vogel, Brantner, Kelly, Knutson, Weir & Bye, Ltd., Fargo, and Serkland, Lundberg, Erickson, Marcil & McLean, Ltd., Fargo, for plaintiffs. Appearance by Kermit E. Bye and Maureen Holman, Fargo.

SANDSTROM, Justice.

J.W. Beavers, Jr., as Trustee of William Herbert Hunt Trust Estate (Hunt Trust), appealed from that part of a district court judgment ordering that Russell L. Kiker, Jr., and Marvin L. Kaiser recover damages of $305,500, attorney fees of $70,162.61, and costs and disbursements of $1,579.53, for a total judgment of $377,242.14. We affirm the damage award and the costs and disbursements, reverse the attorney fee award, and remand for entry of an...

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