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NORTHERN OIL & GAS, INC. v. CREIGHTON

No. 20120420.

830 N.W.2d 556 (2013)

2013 ND 73

NORTHERN OIL & GAS, INC., a Nevada Corporation, Plaintiff and Appellant v. Morris J. CREIGHTON, Defendant and Murex Petroleum Corporation, a Delaware corporation, John H. Holt; LBK Sales and Service Inc., a North Dakota corporation; Racer Oil & Gas, LC; and Double L, LLC, a Colorado limited liability company, Defendants, Third Party Plaintiffs and Appellees v. Brian Gunderson and Holly Gunderson, Third Party Defendants and Appellees.

Supreme Court of North Dakota.

May 14, 2013.

Attorney(s) appearing for the Case

Amy L. De Kok (argued), Jillian R. Rupnow (appeared) and Lawrence Bender (on brief), Bismarck, N.D., for plaintiff and appellant.

Jacob D. Marburger , Williston, N.D., for defendants, third party plaintiffs and appellees Double L, LLC, John H. Holt, LBK Sales & Service Inc., Racer Oil & Gas, LC, and Murex Petroleum Corporation.

Tom P. Slorby (appeared), Minot, N.D., for third party defendants and appellees Brian Gunderson and Holly Gunderson.

MARING, Justice.

[¶ 1] Northern Oil & Gas, Inc. ("Northern") appeals from a judgment ordering reformation of an oil and gas lease and quieting title to the oil and gas leasehold estate in Murex Petroleum Corporation, John H. Holt, LBK Sales & Service, Inc., Racer Oil & Gas, LC, and Double L, LLC (collectively "Murex"). We conclude the district court erred in concluding, as a matter of law, that Creighton was not a

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