TERRA ENERGY, LTD. v. STATE

Docket Nos. 214625, 214649.

616 N.W.2d 691 (2000)

241 Mich. App. 393

TERRA ENERGY, LTD., Plaintiff-Appellee, v. STATE of Michigan and Department of Natural Resources, Defendants-Appellants, and Bear Petroleum, Inc., James S. Fox, Roze Energy, Inc., and Western States Oil Company, Defendants-Appellees and Stokes Properties, Inc., Nelson Farrier, Bonnie Farrier, Henry K. Gustin, Florence V. Gustin, White Pine R.P.M Inc., West Bay Exploration Company, Ash Mines & Minerals, Hoosier Energy, L.C., Robert F. Mitchell, Kelco Investment, Michael Martin, Alice Martin, North Hawk, L.C., Scans Investments, L.C., Park Lane Investments, Christopher L. Howser, Retgo Investments, William F. Polinski, Section 29 Investments, Oryx Energy Company, Stephen H. Anderson, Shell Western E & P, Inc., Shell Onshore Ventures, Devonian Hydrocarbons, Inc., Dennis W. Jones, Goldie R. Jones, Timothy T. Hages, Helen Cain, Thomas E. Kozlowski, Kenneth Northrup, and Ruth Northrup, Defendants. J5, Inc. Plaintiff-Appellee, v. State of Michigan and Department of Natural Resources, Defendants-Appellants, and Terra Energy, Ltd. and Western States Oil Company, Defendants-Appellees, and Stokes Properties, Inc. and Shell Western E & P, Inc., Defendants.

Court of Appeals of Michigan.

Decided June 6, 2000, at 9:00 a.m.

Released for Publication September 6, 2000.


Attorney(s) appearing for the Case

Loomis, Ewert, Parsley, Davis & Gotting (by James A. Ault and Jeffrey W. Bracken), Lansing, for Terra Energy, Ltd.

Worman & Dixon, P.L.C. (by John M. McCabe), Okemos, for J5, Inc.

Jennifer M. Granholm, Attorney General, Thomas L. Casey, Solicitor General, A. Michael Leffler, Assistant in Charge, and Stephen F. Schuesler, Assistant Attorney General, for State of Michigan and Department of Natural Resources.

Before: DOCTOROFF, P.J., and O'CONNELL and WILDER, JJ.


PER CURIAM.

In this interpleader action, defendants-appellants, the state of Michigan and the Department of Natural Resources (hereinafter collectively the state), appeal as of right from the trial court's final orders quieting title to certain oil, gas, and mineral leases and ordering the state to pay a portion of plaintiffs' attorney fees. The state contends that the trial court erred in awarding attorney fees to plaintiffs. We disagree.

Plaintiffs Terra...

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