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WENCO v. EOG RESOURCES, INC.

No. 20120194.

822 N.W.2d 701 (2012)

2012 ND 219

WENCO, a North Dakota Limited Partnership, Plaintiff and Appellant v. EOG RESOURCES, INC., QEP Energy Company, John Doe Defendants 1-10, claiming any estate or interest in, or lien or encumbrance upon, the property described in numbered paragraph 29 of the complaint, Defendants EOG Resources, Inc., QEP Energy Company, Appellees.

Supreme Court of North Dakota.

October 23, 2012.

Attorney(s) appearing for the Case

David J. Hogue , Minot, N.D., for plaintiff and appellant.

Amy L. De Kok (argued), Lawrence Bender (on brief) and Jillian R. Rupnow (on brief), Bismarck, N.D., for defendant and appellee EOG Resources, Inc.

John W. Morrison, Jr. (argued) and Wade Charles Mann (on brief), Bismarck, N.D., for defendant and appellee QEP Energy Company.

KAPSNER, Justice.

[¶ 1] Wenco, a North Dakota limited partnership, appeals from a judgment quieting title to certain Mountrail County royalty and mineral interests in EOG Resources, Inc. ("EOG"), and QEP Energy Company ("QEP"), and dismissing Wenco's claims for conversion and unjust enrichment against EOG and QEP. We conclude the district court did not err in ruling as a matter of law that Wenco's interest bears the entire burden of a prior royalty interest conveyance...

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