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TANK v. CITATION OIL & GAS CORP.

No. 20130375.

848 N.W.2d 691 (2014)

2014 ND 123

Greggory G. TANK, Plaintiff and Appellee v. CITATION OIL & GAS CORP., Citation 2004 Investment Limited Partnership, Northern Oil and Gas, Inc., Otter Creek, LLC, G.G. Rose, LLC, Ralph Cuellar and Sylvia Cuellar, DJB Investment Company, LLC, Kevin P. Doyle, Cyan Brakhage, Barbara Boaz, Margaret Sumter, Petro-Hunt, L.L.C., Pillar Energy, LLC, Sasrana Oil and Gas, Howard Gray, Linda Goldner, Scot Farber, Paladin, Inc., Thomas Family Limited Partnership, BB Management, LLC, Magic Merlin Energy Investments, LLC, Blue Ridge Energy, LLC, BF Energy, LLC, M Code, LLC, J and J Energy, LLC, Jim Whitehead Oil & Gas, LLC, and other persons/companies "John Doe" whose interest does not appear of record, Defendants Citation Oil & Gas Corp., Citation 2004 Investment Limited Partnership, Northern Oil and Gas, Inc., Otter Creek LLC, G.G. Rose, LLC, Ralph Cuellar and Sylvia Cuellar, DJB Investment Company, LLC, Kevin P. Doyle, Cyan Brakhage, Barbara Boaz, Margaret Sumter, Sasrana Oil and Gas, Howard Gray, Linda Goldner, Scot Farber, Paladin, Inc., Thomas Family Limited Partnership, BB Management, LLC, Magic Merlin Energy Investments, LLC, Blue Ridge Energy, LLC, BF Energy, LLC, M Code, LLC, J and J Energy, LLC, and Jim Whitehead Oil & Gas, LLC, Petro-Hunt, L.L.C. and Pillar Energy, LLC, Appellants.

Supreme Court of North Dakota.

Rehearing Denied July 17, 2014.

Attorney(s) appearing for the Case

Ariston E. Johnson (argued) and Dennis E. Johnson (appeared), Watford City, N.D., for plaintiff and appellee.

Jillian R. Rupnow (argued), Amy DeKok (appeared), and Lawrence Bender (on brief), Bismarck, N.D., for defendants and appellants Citation Oil & Gas Corp., Citation 2004 Investment Limited Partnership, Northern Oil and Gas, Inc., Otter Creek, LLC, G.G. Rose, LLC, Ralph Cuellar and Sylvia Cuellar, DJB Investment Company, LLC, Kevin P. Doyle, Cyan Brakhage, Barbara Boaz, Margaret Sumter, Sasrana Oil and Gas, Howard Gray, Linda Goldner, Scot Farber, Paladin, Inc., Thomas Family Limited Partnership, BB Management, LLC, Magic Merlin Energy Investments LLC, Blue Ridge Energy, LLC, BF Energy, LLC, M Code, LLC, J and J Energy, LLC, Jim Whitehead Oil & Gas, LLC.

John W. Morrison, Jr. (on brief) and Paul J. Forster (on brief), Bismarck, N.D., for defendants and appellants Petro-Hunt, L.L.C. and Pillar Energy, LLC.

VANDE WALLE, Chief Justice.

[¶ 1] Citation Oil & Gas Corp., Petro-Hunt LLC, and other working interest owners (collectively "defendants") appealed from a district court summary judgment quieting title to an oil and gas lease in Greggory Tank. We affirm, concluding as a matter of law the lease expired on a portion of the property under the facts of this case.

I

[¶ 2] In 1982, George and Phyllis Tank executed an oil and gas lease in favor...

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