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MELCHIOR v. LYSTAD

No. 20100045.

786 N.W.2d 8 (2010)

2010 ND 140

Roger J. MELCHIOR, aka Melchoir, and Barbara J. Melchior, aka Melchoir, Plaintiffs and Appellants v. Kenneth O. LYSTAD, Hope Elaine Lystad, Brent K. Rodenhizer, Naomi J. Rodenhizer, and American Trust Center, as Trustee of the Lystad Family Irrevocable Mineral Trust, Defendants and Appellees.

Supreme Court of North Dakota.

Rehearing Denied August 17, 2010.

Attorney(s) appearing for the Case

Jon Bogner, Dickinson, ND, for plaintiffs and appellants.

Michael J. Maus, Dickinson, ND, for defendants and appellees.

SANDSTROM, Justice.

[¶ 1] Roger and Barbara Melchior appeal a district court's award of summary judgment to the Lystad family and their trustee, granting the trustee quiet title to mineral interests in land in Mountrail County. We affirm.

I

[¶ 2] In 1973, Walter and Edith Halvorson conveyed property to Kenneth and Hope Lystad. At the time, the Halvorsons owned a one-half interest in the oil and gas, as well as all of the gravel, in and...

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