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CLARKSON AND CO. v. CONTINENTAL RESOURCES

Nos. 25804, 25821.

806 N.W.2d 615 (2011)

2011 S.D. 72

CLARKSON AND COMPANY, Plaintiff and Appellee, v. CONTINENTAL RESOURCES, INC., Defendant and Appellant.

Supreme Court of South Dakota.

Decided November 9, 2011.

Attorney(s) appearing for the Case

Kenneth E. Barker , Timothy J. Vander Heide of Barker Wilson Law Firm, LLP, Belle Fourche, South Dakota, Attorneys for plaintiff and appellee.

Michael M. Hickey , Sarah E. Baron Houy of Bangs, McCullen, Butler, Foye & Simmons, LLP, Rapid City, South Dakota, and Lawrence Bender of Fredrikson & Byron, PA, Bismarck, North Dakota, Attorneys for defendant and appellant.

WILBUR, Justice.

[¶ 1.] Clarkson and Company (Clarkson) owned and leased land in Harding County, South Dakota, on which Continental Resources, Inc. (Continental) conducted oil and gas exploration activities. Continental agreed to pay Clarkson for use of and damage to Clarkson's property. Clarkson sued Continental, seeking declaratory relief to clarify the terms of the payment agreement Continental and Clarkson made...

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