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BUCHHOLZ v. BURLINGTON RES. OIL AND GAS CO. LP

Nos. 20080026, 20080027.

755 N.W.2d 914 (2008)

2008 ND 173

Larry BUCHHOLZ, as Trustee of the Buchholz Mineral Trust, Neal Buchholz and Doris Buchholz, Plaintiffs and Appellees v. BURLINGTON RESOURCES OIL AND GAS COMPANY LP, Defendant and Appellant. Uttke Family Limited Partnership, Plaintiff and Appellee v. Burlington Resources Oil and Gas Company LP, Defendant and Appellant.

Supreme Court of North Dakota.

September 23, 2008.

Attorney(s) appearing for the Case

Albert J. Hardy, Hardy, Maus & Nordsven, P.C., Dickinson, N.D., for plaintiffs and appellees.

John W. Morrison, Jr. (argued) and Wade C. Mann (appeared), Fleck, Mather & Strutz, Bismarck, N.D., for defendant and appellant.

SANDSTROM, Justice.

[¶ 1] Burlington Resources Oil and Gas Company LP ("Burlington") appeals from a district court judgment awarding damages to Larry Buchholz, as trustee of the Buchholz Mineral Trust, Neal Buchholz, Doris Buchholz, and the Uttke Family Limited Partnership for breach of salt water disposal agreements. We affirm, concluding the district court did not err in determining that the salt water disposal agreements between the parties were not modified...

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