Miller v. Diamond Resources, Inc.
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| 20040274 |
Eugene Miller and
JoAnn M. Miller, Plaintiffs and Appellants
v.
Diamond Resources, Inc., Defendant and Appellee
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| Appeal from: |
District Court,
Southwest Judicial District,
Bowman County
Judge Allan L. Schmalenberger |
|
Nature of Action: |
Oil, Gas and Minerals
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| Counsel: |
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| Term: |
04/2005 Argument: 04/21/2005 10:45am
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| ND cite: |
2005 ND 150
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| NW cite: |
703 N.W.2d 316
Listen to recording of oral argument
using RealPlayer Basic,© a free download.
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| Issues: |
Appellant's Statement of the Issues:
1. Whether the Trial Court erred in granting the Appellee's, Diamond Resources, Inc.'s, Motion for Summary Judgment.
Appellee's Statement of the Issues:
Whether the Court erred in granting the Appellee's, Diamond Resources, Inc.'s Motion for Summary Judgment.
1. The Appellee agrees that the Appellants' Statement of Issues as set forth in their "STATEMENT OF THE ISSUES" is correct. As will be addressed in the Argument portion hereof, Appellee suggests that Appellant's characterization of what is the
issue herein may be too restricted.
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| 1 | | 09/28/2004 | |
NOTICE OF APPEAL: 09/24/2004 |
| 2 | | 09/28/2004 | |
ORDER FOR TRANSCRIPT: 09/24/2004 |
| 3 | | 11/12/2004 | |
TRANSCRIPT DATED June 21, 2004 |
| 4 | | 11/15/2004 | |
DISK - TRA (6-21-04) |
| 5 | | 11/15/2004 | |
RECORD ON APPEAL |
| 6 | | 11/29/2004 | |
MOT. EXT/TIME APPELLANT BRIEF |
| 7 | | 11/29/2004 | |
ACTION BY CLERK (MAT). Granted: 01/21/2005 |
| 8 | | 01/21/2005 | |
APPELLANT BRIEF (e-filed) |
| 9 | | 01/21/2005 | |
E-FILED BRIEF (ATB) |
| 10 | | 01/21/2005 | |
APPELLANT APPENDIX (e-filed) |
| 11 | | 01/21/2005 | |
E-FILED APPENDIX (ATA) |
| 12 | | 01/25/2005 | |
Payment of $25 surcharge for filing electronic ATB (Receipt #16079) |
| 13 | | 01/27/2005 | |
Received ATB from Central Duplicating |
| 14 | | 02/18/2005 | |
APPELLEE BRIEF (e-filed) |
| 15 | | 02/18/2005 | |
APPELLEE APPENDIX |
| 16 | | 02/18/2005 | |
E-FILED BRIEF (AEB) |
| 17 | | 02/18/2005 | |
E-FILED APPENDIX (AEA) |
| 18 | | 02/22/2005 | |
Payment of $25 surcharge for filing electronic AEB |
| 19 | | 02/25/2005 | |
7 copies of AEB and 6 cc of AEA from printer |
| 20 | | 03/04/2005 | |
REPLY BRIEF (e-filed) |
| 21 | | 03/04/2005 | |
E-FILED BRIEF (ryb) |
| 22 | | 03/07/2005 | |
Copies of RYB made |
| 23 | | 04/21/2005 | |
APPEARANCES: Suzanne M. Schweigert; Dann E. Greenwood |
| 24 | | 04/21/2005 | |
ARGUED: Schweigert; Greenwood (Vol. Z; Page 113) |
| 25 | | 04/21/2005 | |
ORAL ARGUMENT WEBCAST |
| 26 | | 08/18/2005 | |
DISPOSITION: REVERSED AND REMANDED |
| 27 | | 08/18/2005 | |
UNANIMOUS OPINION: Sandstrom, Dale V. |
| 28 | | 08/18/2005 | |
Costs on appeal taxed in favor of appellants |
| 29 | | 08/19/2005 | |
Judgment Mailed to Parties |
| 30 | | 09/12/2005 | |
MANDATE |
| 31 | | 09/15/2005 | |
RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE |