SICKLER v. KIRKWOOD

Civil No. 960226.

560 N.W.2d 532 (1997)

1997 ND 40

Norbert V. SICKLER and Loretta M. Sickler, Plaintiffs and Appellees, v. William C. KIRKWOOD d/b/a Kirkwood Oil & Gas and Wesco Operating, Inc., Defendants and Appellants.

Supreme Court of North Dakota.

March 20, 1997.


Attorney(s) appearing for the Case

Randall N. Sickler, of Mackoff, Kellogg, Kirby & Kloster, PC, Dickinson, for plaintiffs and appellees.

Gary R. Wolberg, of Fleck, Mather & Strutz, Bismarck, for defendants and appellants.


SANDSTROM, Justice.

[¶ 1] William Kirkwood and Wesco Operating, Inc., appeal from a partial summary judgment determining an oil and gas lease terminated when oil was not produced under the lease for periods exceeding sixty days. We dismiss the appeal, concluding the trial court abused its discretion in certifying the partial summary judgment as final under N.D.R.Civ.P. 54(b).

I

[¶ 2] In 1982, Norbert and Loretta Sickler leased mineral interests...

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