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Jerome C. anderson; Patricia M. Barstad; Joan M. Barstad; Jane C. v. Hess Corporation

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Submitted: June 15, 2011

Before COLLOTON, CLEVENGER,*fn1 and BENTON, Circuit Judges.

Jerome C. Anderson, Patricia M. Barstad, Joan M. Barstad, Jane C. Craft, Peggy M. Cowan, Jerome Anderson, as Trustee of the Anderson Family Mineral Trust, John C. Anderson, Ray Anderson, Oscar R. Anderson, Beatrice Anderson, Donald Tarczanin, Susan Tarczanin, and Cora Anderson (collectively, “Andersons”) appeal the grant of summary judgment by the district court*fn2 in favor of Hess Corporation (“Hess”), the successor in interest to and lessee of mineral rights on the Andersons’ land in Mountrial County, North Dakota. The Andersons contend that the district court erred in construing the five leases at issue as requiring Hess to engage in “drilling operations” rather than actual “drilling” in order to extend the primary terms of the leases and granting Hess’s motion for summary judgment. We affirm.

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