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BLACK STONE MINERALS COMPANY v. BROKAW

No. 20160286.

893 N.W.2d 498 (2017)

2017 ND 110

BLACK STONE MINERALS COMPANY, L.P. and the Hamill Foundation, Plaintiffs and Missouri River Royalty Corporation and Bauer Family LLP, Plaintiffs and Appellants v. Kate Sarah BROKAW, Gordon Brokaw as Personal Representative of the Estate of Evelyn Brokaw, Gordon Brokaw as Trustee of the Testamentary Trust U/W of Evelyn G. Brokaw FBO Jacob Gordon Brokaw, Gordon Brokaw as Trustee of the Testamentary Trust U/W of Evelyn G. Brokaw FBO Emily Sue Brokaw, Kristen Jones, Steven Irgens, James Scott Brokaw, Ryan Kyle Brokaw, Brett Christopher Brokaw, Gordon D. Brokaw, Linda B. Irgens, Martha Brokaw, Lyman G. Brokaw, and all other persons unknown claiming any estate of interest in or lien or encumbrance upon, the real estate described in the complaint, Defendants and Appellees.

Supreme Court of North Dakota.

Filed April 25, 2017.

Attorney(s) appearing for the Case

Jannelle R.S. Combs , 436 Brunswick Drive, Bismarck, N.D. 58503, for plaintiffs and appellants.

Aaron J. Weber (argued), Ariston E. Johnson (appeared), and Dennis E. Johnson (on brief), 109 Fifth Street SW, P.O. Box 1260, Watford City, N.D. 58854-1260, for defendants and appellees.

[¶ 1] Missouri River Royalty Corporation and Bauer Family LLP appeal a district court's order granting summary judgment to the defendants, most of whom are members of the Brokaw family (collectively "Brokaw"). On cross motions for summary judgment, the district court quieted title...

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