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AMER. NAT. RESOURCES v. EAGLE ROCK ENERGY

No. 113,105.

374 P.3d 766 (2016)

2016 OK 67

AMERICAN NATURAL RESOURCES, LLC, an Oklahoma limited liability company, Respondent/Appellant, v. EAGLE ROCK ENERGY PARTNERS, L.P., a Delaware limited partnership, and Eagle Rock Mid-Continent Operating, LLC, a Delaware limited liability company, Eagle Rock Mid-Continent Holding, a Delaware limited liability company, Eagle Rock Mid-Continent Asset, LLC, a Delaware limited liability company, Eagle Rock Energy GP, L.P., a Delaware limited liability company, Eagle Rock Energy G&P, LLC, a Delaware limited liability company, Petitioners/Appellees.

Supreme Court of Oklahoma.

Filed June 14, 2016.

Attorney(s) appearing for the Case

Bradley K. Beasley , Boesche McDermott, LLP, Tulsa, Oklahoma; David A. Sturdivant , Cori D. Powell , Barrow & Grimm, P.C., Tulsa, Oklahoma; John W. Garland , Pain & Garland, Anadarko, Oklahoma; for Appellants.

Graydon Dean Luthey, Jr. , Terry D. Ragsdale , Bradley W. Welsh , Tammy D. Barrett , Gable & Gotwals, Tulsa, Oklahoma, for the Appellees.

¶ 1 The questions before this Court are whether a clause in an agreement giving a limited liability company the right to participate in all future wells on unleased property violates Article II, Section 32 of the Oklahoma Constitution prohibiting perpetuities and whether a limited liability company is a life in being for purposes...

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