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KODIAK OIL & GAS (USA) INC. v. BURR

Nos. 18-1824, 18-1856.

932 F.3d 1125 (2019)

KODIAK OIL & GAS (USA) INC., now known as Whiting Resources Corporation; HRC Operating, LLC Plaintiffs-Appellees v. Jolene BURR; Ted Lone Fight; Georgianna Danks; Edward S. Danks; Mary Seaworth, in her capacity as the Acting Chief Judge of the Fort Berthold District Court Defendants-Appellants EOG Resources, Inc. Plaintiff-Appellee Jolene Burr; Ted Lone Fight; Georgianna Danks; Edward S. Danks; Mary Seaworth, in her capacity as the Acting Chief Judge of the Three Affiliated Tribes District Court of the Fort Berthold Indian Reservation; Charlene Knight, in her capacity as the Court Clerk/Consultant of the Three Affiliated Tribes District Court of the Fort Berthold Indian Reservation; Defendants-Appellants.

United States Court of Appeals, Eighth Circuit.

Filed: August 5, 2019.

Attorney(s) appearing for the Case

Michael J. Abrams , Robert Kent Sellers , LATHROP & GAGE, Kansas City, MO, Patrick B. McRorie , LATHROP & GAGE, Denver, CO, for Plaintiff-Appellee Kodiak Oil & Gas (USA) Inc.

Joshua Brent Cook , CROWLEY & FLECK, Billings, MT, Paul J. Forster , John W. Morrison , CROWLEY & FLECK, Bismarck, ND, for Plaintiff-Appellee HRC Operating, LLC.

Jeffrey S. Rasmussen , FREDERICKS & PEEBLES, Louisville, CO, for Defendant-Appellant Mary E. Seaworth, Charlene Knight.

Lawrence Bender , FREDRIKSON & BYRON, Bismarck, ND, Jeffrey Max Lippa , Robert S. Thompson, III , GREENBERG & TRAURIG, Denver, CO, for Plaintiff-Appellee EOG Resources, Inc.

Reed Soderstrom , PRINGLE & HERIGSTAD, Minot, ND, for Defendant-Appellant Jolene Burr, Ted Lone Fight, Georgianna Danks, Edward S. Danks.

Before GRUENDER, BENTON, and GRASZ, Circuit Judges.

A dispute over the practice of flaring natural gas from oil wells fuels the legal controversy in this case: the scope of Native American tribal court authority over nonmembers. Several members of the MHA Nation sued numerous non-tribal oil and gas companies in MHA tribal court. Those companies operate oil wells on lands within...

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