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GOLDEN v. SM ENERGY CO.

No. 20120265.

826 N.W.2d 610 (2013)

2013 ND 17

A.G. GOLDEN; Paul E. Nordstog; Cooper B. Land; Solveig K. Land; Howard D. Armentrout and Delores K. Armentrout, as Co-Trustees of the Armentrout Family Revocable Living Trust dated May 24, 2005; Craig L. Bolenbaugh, and Joseph Michael Bolenbaugh, Peter Francis Bolenbaugh, and James Patrick Bolenbaugh, as joint tenants; and Royalty Interest Partnership, LP, Plaintiffs and Appellees v. SM ENERGY COMPANY, a Delaware corporation, Defendant and Appellant.

Supreme Court of North Dakota.

February 1, 2013.

Attorney(s) appearing for the Case

Amy L. DeKok (argued), Jillian R. Rupnow (appeared), and Lawrence Bender (on brief), Bismarck, ND, for plaintiffs and appellees.

David R. Hammond (argued), and Natalie West (on brief), Denver, CO; and H. Malcolm Pippin (appeared), Williston, ND, for defendant and appellant.

VANDE WALLE, Chief Justice.

[¶ 1] SM Energy Company appealed from a summary judgment declaring that A.G. Golden and other plaintiffs are entitled to a four percent overriding royalty interest in leases and lands covered by a 1970 letter agreement and ordering SM to pay amounts due to Golden and the other plaintiffs for these interests, and from an order denying SM's motion to amend or for relief from the judgment. We conclude the district court erred in ruling...

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