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MILLER v. DIAMOND RESOURCES, INC.

No. 20040274.

703 N.W.2d 316 (2005)

2005 ND 150

Eugene MILLER and JoAnn M. Miller, Plaintiffs and Appellants v. DIAMOND RESOURCES, INC., Defendant and Appellee.

Supreme Court of North Dakota.

August 18, 2005.

Attorney(s) appearing for the Case

Suzanne M. Schweigert, Smith Bakke Oppegard Porsborg Wolf, Bismarck, N.D., for plaintiffs and appellants.

Dann E. Greenwood, Greenwood & Ramsey, PLLP, Dickinson, N.D., for defendant and appellee.

SANDSTROM, Justice.

[¶ 1] Eugene and JoAnn Miller appeal from a summary judgment dismissing their lawsuit against Diamond Resources, Inc. ("Diamond"). We reverse and remand, concluding there are genuine issues of material fact that preclude summary judgment.

I

[¶ 2] The Millers own the surface estate of certain land in Bowman County, North Dakota. The Millers also own fifty percent of the minerals underlying the land. In January 1995, Diamond...

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