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EEE MINERALS, LLC v. STATE OF NORTH DAKOTA

No. 22-2159.

81 F.4th 809 (2023)

EEE MINERALS, LLC; Suzanne Vohs, as Trustee for the Vohs Family Revocable Living Trust, Plaintiffs-Appellants, v. STATE OF NORTH DAKOTA; Board of University and School Lands of the State of North Dakota; Joseph A. Heringer, Commissioner for the Board of University and School Lands of the State of North Dakota, Defendants-Appellees.

United States Court of Appeals, Eighth Circuit.

Filed: August 30, 2023.

Attorney(s) appearing for the Case

Counsel who presented argument on behalf of the appellant and appeared on the brief was Joshua A. Swanson , of Fargo, ND. The following attorneys also appeared on the appellant's brief; MacKenzie L. Hertz of Fargo, ND., and Robert B. Stock of Fargo, ND.

Counsel who presented argument on behalf of the appellee and appeared on the brief was James E. Nicolai , AAG, of Bismarck, ND. The following attorney also appeared on the appellant's brief; Jennifer L. Verleger of Bismarck, ND.

Before COLLOTON, MELLOY, and GRUENDER, Circuit Judges.

EEE Minerals, LLC, and Suzanne Vohs, as Trustee for The Vohs Family Revocable Living Trust, sued the State of North Dakota, the Board of University and School Lands, and the Board's commissioner in a dispute over mineral interests in McKenzie County, North Dakota. EEE Minerals and Vohs alleged that state law related to mineral...

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