Sickler v. Kirkwood

SANDSTROM, Justice.

[¶ 1] William Kirkwood and Wesco Operating, Inc., appeal from a partial summary judgment determining an oil and gas lease terminated when oil was not produced under the lease for periods exceeding sixty days. We dismiss the appeal, concluding the trial court abused its discretion in certifying tbe partial summary judgment as final under N.D.R.Civ.P. 54(b).

I

[¶ 2] In 1982, Norbert and Loretta Siekler leased mineral interests to Spectrum Resources, Inc. Kirkwood is an assignee of Spectrum’s interest in the lease. The lease provides it terminates if production of oil or gas…