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RING v. BALLANTYNE

Civ. No. 11,362.

414 N.W.2d 294 (1987)

Harold RING, Muriel Ring, Clifford Consolidated, a partnership, and Stanley A. Witteman, Plaintiffs and Appellees, v. Melvin W. BALLANTYNE, Defendant and Appellant.

Supreme Court of North Dakota.

October 20, 1987.

Attorney(s) appearing for the Case

Thomas Law Firm, Minot, for plaintiffs and appellees; argued by Robert S. Thomas.

Fleck, Mather, Strutz & Mayer, Bismarck, for defendant and appellant; argued by Thomas A. Mayer.

LEVINE, Justice.

The defendant, Melvin W. Ballantyne, appeals from an order of the district court directing a court appointed master to apportion royalty payments to the plaintiffs, Harold and Muriel Ring, Clifford Consolidated, a partnership, and Stanley A. Witteman, from a fund accumulated by Ballantyne. We reverse and remand.

Ballantyne, and certain undesignated others, founded the Farmers Exploration Company (Farmers) which was incorporated in January...

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