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BTA OIL PRODUCERS v. MDU RESOURCES GROUP

No. 20010122.

642 N.W.2d 873 (2002)

2002 ND 55

BTA OIL PRODUCERS, Cenex Harvest States Cooperatives, Conoco, Inc., Equitable Resources Energy Company, Exxon Mobil Corporation, Midgard Energy Company, (formerly known as Maxus Exploration Company), Sinclair Oil Corporation, Kerr-McGee Oil & Gas Onshore, L.P., TBI Exploration, Inc., (formerly known as Presidio Exploration, Inc.), Tipperary Oil & Gas Corporation, and Tom Brown, Inc., Plaintiffs and Appellants, v. MDU RESOURCES GROUP, INC., (formerly known as Montana-Dakota Utilities Company), Williston Basin Interstate Pipeline Company, Inc., Koch Industries, Inc., and Koch Hydrocarbons Company, Defendants and Appellees.

Supreme Court of North Dakota.

Rehearing Denied May 17, 2002.

Attorney(s) appearing for the Case

James B. Wilcox, Jr. (argued), Hall, Estill, Hardwick, Gable, Golden & Nelson, P.C., Washington, DC, and Albert J. Hardy (appeared), Hardy, Maus & Nordsven, P.C., Dickinson, ND, for plaintiffs and appellants.

Daniel S. Kuntz (argued) and James S. Hill (on brief), Zuger Kirmis & Smith, Bismarck, for defendants and appellees MDU Resources Group, Inc., and Williston Basin Interstate Pipeline Company, Inc.

James M. Armstrong (argued), Foulston & Siefkin L.L.P., Wichita, KS; John W. Morrison (appeared), Fleck, Mather & Strutz, Bismarck, ND, James D. Oliver (on brief), Foulston & Siefkin L.L.P., Topeka, KS, Michael A. Ceramella (on brief), Koch Industries, Inc., Wichita, KS, for defendants and appellees Koch Industries, Inc. and Koch Hydrocarbons Company.

SANDSTROM, Justice.

[¶ 1] BTA Oil Producers, Cenex Harvest States Cooperatives, Conoco, Inc., Equitable Resources Energy Company, Exxon Mobil Corporation, Midgard Energy Company, Sinclair Oil Corporation, Kerr McGee Oil & Gas Onshore, L.P., TBI Exploration, Inc., Tipperary Oil & Gas Corporation, and Tom Brown, Inc. (collectively "BTA") appeal from a judgment that dismissed most of their claims against MDU Resources Group, Inc., and Williston Basin Interstate...

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