From Casetext: Smarter Legal Research

Schaffner v. Anderson

United States District Court, D. Minnesota
Feb 28, 2006
Civil No. 06-439 (DSD/JSM) (D. Minn. Feb. 28, 2006)

Summary

In Anderson v. Schaffner, 90 W. Va. 225, 110 S.E. 566, it was held that the lessee was not entitled to the benefit of the usual extension clause because a producing well which was drilled during the fixed term was subsequently allowed to fall in so that the work under the most liberal construction of the clause was not pursued with sufficient diligence.

Summary of this case from Hutchinson v. McCue

Opinion

Civil No. 06-439 (DSD/JSM).

February 28, 2006


ORDER


The above-entitled matter comes before the Court upon the Report and Recommendation of United States Magistrate Judge Janie S. Mayeron dated February 3, 2006. No objections have been filed to that Report and Recommendation in the time period permitted.

Based upon the Report and Recommendation of the Magistrate Judge, and all of the files, records and proceedings herein,

IT IS HEREBY ORDERED that Petitioner's application for habeas corpus relief under 28 U.S.C. § 2241, (Docket No. 1), is DISMISSED for lack of jurisdiction.


Summaries of

Schaffner v. Anderson

United States District Court, D. Minnesota
Feb 28, 2006
Civil No. 06-439 (DSD/JSM) (D. Minn. Feb. 28, 2006)

In Anderson v. Schaffner, 90 W. Va. 225, 110 S.E. 566, it was held that the lessee was not entitled to the benefit of the usual extension clause because a producing well which was drilled during the fixed term was subsequently allowed to fall in so that the work under the most liberal construction of the clause was not pursued with sufficient diligence.

Summary of this case from Hutchinson v. McCue
Case details for

Schaffner v. Anderson

Case Details

Full title:TERRY EUGENE SCHAFFNER, Petitioner, v. MARTY C. ANDERSON, Warden…

Court:United States District Court, D. Minnesota

Date published: Feb 28, 2006

Citations

Civil No. 06-439 (DSD/JSM) (D. Minn. Feb. 28, 2006)

Citing Cases

Steven v. Potlatch Oil Refining Co.

( Farmers Merchants' Nat. Bank v. Dearing, 91 U.S. 29, 23 L.Ed. 196 [see, also, Rose's U.S. Notes].) By the…

Hutchinson v. McCue

Expiration of the term of the lease has been discussed as a reason for the restoration of the property to the…