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GOLDEN EYE RESOURCES, LLC v. GANSKE

No. 20130219.

853 N.W.2d 544 (2014)

2014 ND 179

GOLDEN EYE RESOURCES, LLC, Plaintiff, Appellee and Cross-Appellant v. Debra K. GANSKE, Wesley G. Borgen, Gay M. King, Michael R. Borgen, Sue E. Evans and Linda R. McCoy, Defendants Debra K. Ganske, Wesley G. Borgen, Michael R. Borgen, Sue E. Evans and Linda R. McCoy, Appellants and Cross-Appellees.

Supreme Court of North Dakota.

September 23, 2014.

Attorney(s) appearing for the Case

Nick A. Swartzendruber (argued), Denver, CO, and Charles L. Neff (appeared), Williston, N.D., for plaintiff, appellee and cross-appellant.

Zachary E. Pelham (argued) and Patrick W. Durick (on brief), Bismarck, N.D., for appellants and cross-appellees.

SANDSTROM, Justice.

[¶ 1] Debra Ganske, Wesley Borgen, Michael Borgen, Sue Evans, and Linda McCoy ("the Borgens") appeal from a district court summary judgment quieting title (deciding ownership) in certain oil and gas leases in Golden Eye Resources, LLC ("Golden Eye") and dismissing their counterclaim for rescission or cancellation of the leases. Golden Eye has cross-appealed. We reverse and remand, concluding the district court erred in concluding the Borgens...

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