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RITTER, LABER AND ASSOCIATES v. KOCH OIL

No. 20000224.

623 N.W.2d 424 (2001)

2001 ND 56

RITTER, LABER AND ASSOCIATES, INC., Elizabeth Cantarine, Personal Representative of the Estate of Eugene A. Burdick, and Russell L. Kiker, Plaintiffs and Appellees, v. KOCH OIL, INC., A DIVISION OF KOCH INDUSTRIES, INC., and Charles Meduna, Defendants and Appellants.

Supreme Court of North Dakota.

March 20, 2001.

Attorney(s) appearing for the Case

Ronald H. McLean (argued) and Jane L. Dynes, Serkland Law Firm, Fargo, ND, for plaintiffs and appellees.

Marvin L. Kaiser (appeared), Kaiser Law Firm, Williston, ND, for plaintiffs and appellees.

Gary J. Gordon (appeared) and James J. Fetterly, Rider Bennett Egan & Arundel, Minneapolis, MN, for plaintiffs and appellees.

Brad D. Brian (argued), Ronald K. Meyer (appeared), Munger, Tolles & Olson, LLP, Los Angeles, CA, for defendants and appellants.

John W. Morrison (appeared) and Shane A. Hanson (appeared), Fleck, Mather & Strutz, Ltd., Bismarck, ND, for defendants and appellants.

James M. Armstrong (appeared), Foulston & Siefkin, Wichita, KS, for defendants and appellants.

J. Kory Parkhurst (appeared), Koch Industries, Inc., Wichita, KS, for defendants and appellants.

NEUMANN, Justice.

[¶ 1] Koch Oil and Charles Meduna, Koch's North Dakota assistant chief gauger, ("Koch") appealed from an order certifying a class action under N.D.R.Civ.P. 23, brought by a class of persons represented by Ritter, Laber and Associates, Eugene Burdick, and Russell Kiker ("Ritter"). We affirm.

I

[¶ 2] The class consists of approximately 6,000 unidentified owners of royalty and...

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