DISCLAIMER:  The following unofficial case summaries are prepared by the clerk's office
                        as a courtesy to the reader. They are not part of the opinion of the court.

001625P.pdf   01/10/2002  ANR Western Coal  v.  Basin Electric Power
   U.S. Court of Appeals Case No:  00-1625
                          and No:  00-1628
   District of North Dakota   
Civil Case - diversity. North Dakota recognizes an implied duty to develop oil and gas leases by royalty holder and district court did not clearly err in finding a breach of the duty by a preferential mining of other reserves. District court erred in calculating damages limited to interest from royalties and case is remanded for calculation based on full royalties. District court erred in rejecting a tortious-interference-with-contract claim.