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WHITETAIL WAVE LLC v. XTO ENERGY, INC.

No. 20220061.

980 N.W.2d 200 (2022)

2022 ND 171

WHITETAIL WAVE LLC, a Montana Limited Liability Company, Plaintiff and Appellant v. XTO ENERGY, INC., a Delaware corporation, the Board of University and School Lands of the State of North Dakota, the State of North Dakota, and Department of Water Resources and Director, Defendants and Appellees.

Supreme Court of North Dakota.

Filed September 29, 2022.

Attorney(s) appearing for the Case

Joshua A. Swanson , Fargo, ND, for plaintiff and appellant.

Spencer D. Ptacek (argued) and Lawrence Bender (on brief), Bismarck, ND, for defendant and appellee XTO Energy, Inc.

David P. Garner (argued) and Jennifer L. Verleger (on brief), Assistant Attorneys General, Bismarck, ND, for defendants and appellees The Board of University and School Lands of the State of North Dakota, The State of North Dakota, and Department of Water Resources and Director.

[¶1] Whitetail Wave LLC ("Whitetail") appeals from two judgments entered by the district court following the entry of orders granting summary judgment and dismissing claims asserted by Whitetail against XTO Energy, Inc. ("XTO") and the Board of University of School Lands of the State of North Dakota, the State of North...

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