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BLASI v. BRUIN E&P PARTNERS, LLC

No. 20200327, No. 20200328, No. 20200329, No. 20200330, No. 20200331.

959 N.W.2d 872 (2021)

2021 ND 86

David A. BLASI and Paula J. Blasi, as Trustees of the Blasi Living Trust, on behalf of themselves and a class of similarly situated persons, Plaintiffs v. BRUIN E&P PARTNERS, LLC and Bruin E&P Operating, LLC, Defendants David A. Blasi and Paula J. Blasi, as Trustees of the Blasi Living Trust, on behalf of themselves and a class of similarly situated persons, Plaintiffs v. Lime Rock Resources Operating Co., Inc. and Lime Rock Resources III-A, L.P., Defendants. David A. Blasi and Paula J. Blasi, as Trustees of the Blasi Living Trust, on behalf of themselves and a class of similarly situated persons, Plaintiffs v. Kraken Development III LLC, Defendant David A. Blasi and Paula J. Blasi, as Trustees of the Blasi Living Trust, on behalf of themselves and a class of similarly situated persons, Plaintiffs v. Continental Resources, Inc., Defendant. David A. Blasi and Paula J. Blasi, as Trustees of the Blasi Living Trust, on behalf of themselves and a class of similarly situated persons, Plaintiffs v. EOG Resources, Inc., Defendant.

Supreme Court of North Dakota.

FILED May 20, 2021.

Attorney(s) appearing for the Case

Rex A. Sharp (argued), Prairie Village, KS, Isaac L. Diel (appeared), Charles T. Schimmel (appeared), and Gregory M. Bentz (appeared), Overland Park, KS, and Michael S. Montgomery (appeared) and Kyle G. Pender (on brief), Fargo, ND, for plaintiffs David A. Blasi and Paula J. Blasi.

Matthew J. Salzman (argued), Kansas City, MO, and Paul J. Forster (appeared), and Robin W. Forward (appeared), Bismarck, ND, for defendants Bruin E&P Partners, LLC and Bruin E&P Operating, LLC, and Kraken Development III LLC.

Daniel T. Donovan (argued) and Ragan Naresh (appeared), Washington, DC, and Paul J. Forster (appeared), and Zachary R. Eiken (on brief), Bismarck, ND, for defendants Lime Rock Resources Operating Co., Inc. and Lime Rock Resources III-A, L.P.

Jeffrey C. King (argued) and Elizabeth L. Tiblets (appeared), Fort Worth, TX, and Ronald H. McLean (appeared) and Kasey D. McNary (on brief), Fargo, ND, for defendant Continental Resources, Inc.

Daniel M. McClure (appeared) and Rebecca J. Cole (appeared), Houston, TX, and Paul J. Forster (appeared) and Zachary R. Eiken (on brief), Bismarck, ND, for defendant EOG Resources, Inc.

Joshua A. Swanson , Fargo, ND, and George A. Barton , Overland Park, KS, for amicus curiae White River Royalties, LLC, and Sara Commack.

Mitchell D. Armstrong , Bismarck, ND, for amicus curiae North Dakota Petroleum Council.

Zachary E. Pelham , Bismarck, ND, and Bruce M. Kramer , Houston, TX, for amicus curiae American Petroleum Institute.

J. Scott Janoe , Macey Reasoner Stokes , Jason A. Newman , and Laura N. Shoemaker , Houston, TX, for amicus curiae Hess Bakken Investments II, LLC.

[¶1] Pursuant to Rule 47, N.D.R.App.P., the United States District Court for the District of North Dakota has certified to this Court the following question related to the interpretation of an oil and gas lease: "Whether the instant oil royalty provision is interpreted to mean the royalty is based on the value of the...

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