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BEAUDOIN v. JB MINERAL SERVICES, LLC

No. 20110030.

808 N.W.2d 671 (2011)

2011 ND 229

Dahn P. BEAUDOIN and J. Willard Beaudoin, as Trustees of the Wm. Beaudoin Irrevocable Mineral Trust dated May 15, 1981, Plaintiffs and Appellees, v. JB MINERAL SERVICES, LLC, Defendant and Appellant.

Supreme Court of North Dakota.

Rehearing Denied January 12, 2012.

Attorney(s) appearing for the Case

Jason James Henderson (argued) and Charles J. Peterson (appeared), Dickinson, N.D., for plaintiffs and appellees.

Greg W. Hennessy (argued), Williston, N.D., for defendant and appellant.

James L. Drought (appeared), Drought, Drought & Bobbitt, San Antonio, TX, for amicus Retamco Operating, Inc.

SANDSTROM, Justice.

[¶ 1] JB Mineral Services, LLC ("JB"), appeals from a summary judgment declaring an oil and gas lease terminated and awarding statutory damages, costs, and attorney fees to Dahn P. Beaudoin and J. Willard Beaudoin, as trustees of the William Beaudoin Irrevocable Mineral Trust ("Beaudoins"). We affirm, concluding the district court did not err in concluding JB failed to timely pay or tender the sum required to continue the lease and the lease...

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