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PENNINGTON v. BHP BILLITON PETROLEUM, LLC

No. CV-21-163.

631 S.W.3d 555 (2021)

2021 Ark. 179

Dan Larry PENNINGTON; Norma J. Bryant; Aaron Parish Black, as Trustee of the Ralph J. and Reba J. Family Trust; and Aaron Parish Black, as Trustee of the Reba J. Parish Trust, Individually and on Behalf of a Class of Similarly Situated Individuals, Petitioners/Plaintiffs v. BHP BILLITON PETROLEUM (FAYETTEVILLE), LLC; and MMGJ Arkansas Upstream, LLC, Respondents/Defendants.

Supreme Court of Arkansas.

Opinion Delivered: October 14, 2021.

Attorney(s) appearing for the Case

Barton and Burrows, LLC, by: George A. Barton ; and Davidson Law Firm, Little Rock, by: Stephen L. Gershner , for appellants.

Quattlebaum, Grooms & Tull PLLC, Little Rock, by: Michael B. Heister and R. Ryan Younger , for appellees.

The five-year statute of limitations for breach of contract starts when a plaintiff can first bring the cause of action to a successful conclusion. Here, the contract required monthly oil-and-gas royalty payments. Plaintiffs alleged defendants had been underpaying those royalties for more than five years. We accepted...

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