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  5. 748 F.2d 1275 (1984)
 

SLAATEN v. CLIFF'S DRILLING CO.

Nos. 84-1122, 84-1156.

748 F.2d 1275 (1984)

Doris A. SLAATEN and Ralph Slaaten, Appellees, v. CLIFF'S DRILLING COMPANY, Appellant. Doris A. SLAATEN and Ralph Slaaten, Appellants, v. CLIFF'S DRILLING COMPANY, Appellee.

United States Court of Appeals, Eighth Circuit.

Decided November 29, 1984.

Attorney(s) appearing for the Case

Lawrence A. Dopson, Mandan, N.D., for appellants.

David L. Peterson, Bismarck, N.D., for appellee.

Before HEANEY, JOHN R. GIBSON and FAGG, Circuit Judges.

PER CURIAM.

Cliff's Drilling Company (CDC) appeals from a judgment in favor of Doris and Ralph Slaaten for damages resulting from the seepage of salt water onto the Slaaten's land. CDC contends that the district court committed error in submitting the case on the theory of waste and in trebling the damage award under the waste statute. We reverse and remand for further proceedings consistent with this opinion.

Doris and Ralph Slaaten own the surface and mineral...

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