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DOMINEK v. EQUINOR ENERGY L.P.

No. 20220088.

982 N.W.2d 303 (2022)

2022 ND 211

Allen DOMINEK and Arlen Dominek, Plaintiffs, v. EQUINOR ENERGY L.P., f/k/a and a/k/a Brigham Oil & Gas L.P. and Statoil Oil and Gas L.P.; and Grayson Mill Williston, LLC, Defendants.

Supreme Court of North Dakota.

Filed November 23, 2022.

Attorney(s) appearing for the Case

Derrick L. Braaten , Bismarck, ND, for plaintiffs.

Lawrence Bender (argued) and Spencer D. Ptacek (appeared), Bismarck, ND, for defendants.

Paul J. Forster and Zachary R. Eiken , Bismarck, ND, for amicus curiae North Dakota Petroleum Council, Inc.

Joshua Swanson , Fargo, ND, for amicus curiae for Thurmon Andress, Melissa Sandefer, Julie Sandefer, Lisa Sandefer, Thomas Thompson and Robert Fulwiler.

Steven B. Nelson , Assistant Attorney General, Bismarck, ND, for amicus curiae North Dakota Industrial Commission.

James P. Parrot , Denver, CO, for amicus curiae Continental Resources, Inc.

[¶1] Under N.D.R.App.P. 47, the federal district court for the District of North Dakota has certified five questions regarding N.D.C.C. § 38-08-08(1) and North Dakota Industrial Commission pooling orders. The litigation before the federal court involves allocation of mineral royalties in the case of overlapping oil and...

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