SLAATEN v. AMERADA HESS CORP.

Civ. No. 890331.

459 N.W.2d 765 (1990)

Ralph SLAATEN, individually and as Attorney in Fact for Austin Peterson, Raymond Peterson and Doris Peterson, Plaintiffs and Appellants, v. AMERADA HESS CORPORATION, a foreign corporation, Defendant and Appellee.

Supreme Court of North Dakota.

July 31, 1990.


Attorney(s) appearing for the Case

Evans & Moench, Ltd., Bismarck, for plaintiffs and appellants; argued by E.J. Rose.

Fleck, Mather, Strutz & Mayer, P.C., Bismarck, for defendant and appellee; argued by Gary R. Wolberg.


ERICKSTAD, Chief Justice.

Austin Peterson, Raymond Peterson, and Doris Peterson, through their attorney-in-fact, Ralph Slaaten, [hereinafter Petersons], appeal from a judgment entered upon an order dismissing the Petersons' request for cancellation of their mineral lease with Amerada Hess Corporation [Amerada] and upon a jury verdict finding that Amerada acted as a prudent operator in preventing drainage of the Petersons' leasehold. We affirm.

In 1949 the...

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