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LUALLIN v. KOEHLER

No. 20010301.

644 N.W.2d 591 (2002)

2002 ND 80

Terry A. LUALLIN; Meryl D. Luallin; Robert Bedrossian; Wayne Baumgardner; Stephen Nelson; Steven Franks, as trustee of the Marie Anne Franks Trust; and Mortimer J. Matthews, as trustee of the Matthews Trust, Plaintiffs and Appellants, v. Ronald C. KOEHLER and Condor Petroleum Inc., Defendants and Appellees, North Tioga # 1, a partnership; Tioga 2-A, a partnership; North Tioga # 3, a partnership; North Tioga # 4, a partnership; Madison Investors Basin Development, a partnership; Erickson 3-2 Partners, a partnership; Investors Production Acquisition # 1, a partnership; Madison Investors Development # 1, a partnership; Madison Investors Development # 1 Water Disposal, a partnership; Madison Investors Development #2, a partnership; Madison Investors Development #3, a partnership; Madison Investors Development #4, a partnership; Production Buyers Acquisition #1, a partnership; Production Buyers Association # 2, a partnership; Production Buyers Acquisition #3, a partnership; Lodgepole Re-Entry # 1, a partnership; Lodgepole Re-Entry # 2, a partnership; Williston Basin Preferred Partners # 1, a partnership; Capa Development # 1, a partnership; Capa Development # 2, a partnership; Capa Development # 3, a partnership; Capa Water Transportation System, a partnership, Defendants.

Supreme Court of North Dakota.

May 14, 2002.

Attorney(s) appearing for the Case

Shane D. Peterson (argued) and Ken G. Hedge (appeared), Crowley, Haughey, Hanson, Toole & Dietrich, P.L.L.P., Williston, ND, for plaintiffs and appellants.

Lawrence Bender (appeared), Pearce & Durick, Bismarck, ND, and Thomas J. Kimmell (argued), Zarlengo & Kimmell, Denver, CO, for defendants and appellees.

MARING, Justice.

[¶ 1] The plaintiff investors, five individuals and two trusts, appealed from a summary judgment dismissing their action for damages against Condor Petroleum, Inc., and its president, Ronald Koehler (collectively referred to as "Condor"), alleging violations of the North Dakota Securities Act of 1951 ("Act"), under N.D.C.C. ch. 10-04. We hold the requirements for registration of securities and dealers under the Act do not apply because there...

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