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ENERGY TRANSFER v. PRIVATE INVESTIGATIVE

No. 20220036.

973 N.W.2d 404 (2022)

2022 ND 84

ENERGY TRANSFER LP and Dakota Access LLC, Plaintiffs and Appellants v. NORTH DAKOTA PRIVATE INVESTIGATIVE AND SECURITY BOARD and TigerSwan, LLC, Defendants and Appellees and First Look Institute Inc., Intervenor and Appellee.

Supreme Court of North Dakota.

FILED April 28, 2022.

Attorney(s) appearing for the Case

Jennifer S. Recine (argued), New York, NY, Shawn A. Grinolds (appeared), Bismarck, ND, Randall J. Bakke (on brief), Bismarck, ND, and Thomas B. Kelly (on brief), New York, NY, for plaintiffs and appellants.

Courtney R. Titus , Bismarck, ND, for defendant and appellee North Dakota Private Investigative and Security Board.

Lynn M. Boughey , Mandan, ND, for defendant and appellee TigerSwan, LLC.

Timothy Q. Purdon (argued), Bismarck, ND, Victoria J. Noble (appeared), New York, NY, David Bralow (appeared), New York, NY, for intervenor and appellee.

Jack McDonald Jr. , Bismarck, ND, for Reporters Committee for Freedom of the Press, the North Dakota Newspaper and Association, and Forum Communications Company, amicus curiae, submitted on brief.

[¶ 1] Energy Transfer LP and Dakota Access LLC (together "Energy Transfer") appeal from an order for partial summary judgment certified as final by the district court. The court held documents the North Dakota Private Investigative and Security Board received in response to discovery requests in an administrative proceeding...

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