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ARMSTRONG v. BERCO RESOURCES, LLC

No. 12-3062.

752 F.3d 716 (2014)

Phillip D. ARMSTRONG; Leila R. Armstrong; Filco Incorporated, Plaintiffs-Appellants, v. BERCO RESOURCES, LLC; Encore Acquisition Company, doing business as Encore Operating LP, Defendants-Appellees.

United States Court of Appeals, Eighth Circuit.

Filed: May 15, 2014.

Attorney(s) appearing for the Case

Michael J. Maus , argued, Dickinson, ND, for Appellant.

Amy L. De Kok , argued, Bismarck, ND ( Lawrence Bender and Jillian Rupnow , on the brief), for Appellee.

Before RILEY, Chief Judge, COLLOTON and KELLY, Circuit Judges.

COLLOTON, Circuit Judge.

Phillip D. Armstrong, Leila R. Armstrong, and Filco Incorporated sought a declaratory judgment quieting title to an interest in the Bakken formation that Phillip Armstrong purchased from Berco Resources, LLC.1 Armstrong also sued Encore Operating LP for breaching a Letter Offer — under which Encore offered to purchase Armstrong's interest in the Bakken formation...

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