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JOHNSON v. STATOIL OIL & GAS LP

No. 20180050.

918 N.W.2d 58 (2018)

2018 ND 227

Robert Post JOHNSON and A.V.M., Inc., Plaintiffs and Appellants v. STATOIL OIL & GAS LP, formerly known as Brigham Oil & Gas LP, MBI Oil and Gas, LLC, Northern Energy Corporation, Stewart Geological, Inc., Brent Clum, Earthstone Energy, Inc., Vincent Melashenko, Hill L.P., LGFE-J L.P., Reef 2011 Private Drilling Fund, L.P., Missouri River Royalty Corporation, Rainbow Energy Marketing Corporation, United Energy Trading, LLC, Abaco Energy, L.L.C., Wolfe Exploration LLC, Joe Wolfe, Global Gas & Oil, L.L.C., SourceRock Exploration, LLC, Cody Oil & Gas Corporation, David Peterson, Hess Bakken Investments II, LLC, and LGFE-M L.P., Defendants and Appellees and Missouri Basin Well Service, Inc., Sunshine Pacific Corp., and Slawson Exploration Company, Inc., Defendants.

Supreme Court of North Dakota.

Filed October 3, 2018.

Attorney(s) appearing for the Case

Derrick L. Braaten (argued), Kyra A. Hill (appeared), and JJ W. England (on brief), Bismarck, ND, for plaintiffs and appellants.

Lawrence Bender (appeared), Bismarck, ND, for defendants and appellees Statoil Oil & Gas LP, MBI Oil and Gas, LLC, Northern Energy Corporation, Brent Clum, Earthstone Energy, Inc., Vincent Melashenko, Hill L.P., LGFE-J L.P., Reef 2011 Private Drilling Fund, L.P., Missouri River Royalty Corporation, Rainbow Energy Marketing Corporation, United Energy Trading, LLC, Abaco Energy, L.L.C., Wolfe Exploration LLC, Joe Wolfe, Global Gas & Oil, L.L.C., SourceRock Exploration, LLC, Cody Oil & Gas Corporation, David Peterson, and LGFE-M L.P.

David M. Gunn (argued) and Fields Alexander (on brief), Houston, TX, for defendant and appellee Statoil Oil & Gas LP.

Paul J. Forster (on brief) and Anthony J. Ford (on brief), Bismarck, ND, for Hess Bakken Investments II, LLC.

Charles M. Carvell (on brief), Bismarck, ND, for defendant and appellee Stewart Geological, Inc.

[¶ 1] Robert Post Johnson and A.V.M., Inc. ("Johnson and A.V.M.") appeal from a judgment entered after the district court granted summary judgment in favor of Statoil Oil & Gas LP and others ("Statoil"). Johnson and A.V.M. assert the district court incorrectly determined the primary three-year terms of two oil and gas leases...

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