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MONCRIEF v. WILLISTON BASIN INTERSTATE PIPELINE CO.

No. 93-CV-1045-B.

880 F.Supp. 1495 (1995)

W.A. MONCRIEF, Jr., individually, as independent executor of the Estate of W.A. Moncrief, deceased, as Trustee for the Lee Wiley Moncrief Trust, as Trustee for the Tom O. Moncrief 1967 Trust, as Trustee for the William Alvin Moncrief, III, Trust; Charles B. Moncrief, individually and as independent executor and personal representative of the Estate of W.A. Moncrief, deceased; Richard W. Moncrief, as independent executor and personal representative of the Estate of W.A. Moncrief, deceased, and as Trustee for the RWM 1988 Trust; Michael J. Moncrief, individually and as Trustee for the Michael T. Moncrief Grantor's Trust; Richard Barto Moncrief, individually, and Wade W. Wiley, Jr., as Trustee for the Richard Barto Moncrief 1988 Trust, Plaintiffs, v. WILLISTON BASIN INTERSTATE PIPELINE COMPANY, and MDU Resources Group, Inc., Defendants.

United States District Court, D. Wyoming.

March 10, 1995.

Attorney(s) appearing for the Case

Craig Newman, Casper, WY, and William Pannill, Roy L. Barnes, Houston, TX, for plaintiffs W.A. Moncrief, Jr., individually, as independent executor of the estate of W.A. Moncrief, deceased, as Trustee for the Lee Wiley Moncrief Trust, as Trustee for the Tom O. Moncrief 1967 Trust, and as Trustee for the William Alvin Moncrief, III, Trust, Charles B. Moncrief, individually and as independent executor and personal representative of the Estate of W.A. Moncrief, deceased, and Richard W. Moncrief, as independent executor and personal representative of the Estate of W.A. Moncrief, deceased, and as Trustee for the RWM 1988 Trust.

Terry W. Mackey, Cheyenne, WY, for plaintiffs Michael J. Moncrief, individually and as Trustee for the Michael J. Moncrief Grantor's Trust, Richard Barto Moncrief, individually, and Wade Wiley, Jr., as Trustee for the Richard Barto Moncrief 1988 Trust.

John Suder, appeared as guardian ad litem, for Lee Wiley Moncrief.

James S. Hill, Daniel S. Kuntz, Zuger, Kirmis & Smith, Bismarck, ND, and Frank D. Neville, Casper, WY, for defendants Williston Basin Interstate Pipeline Co. and MDU Resources Group, Inc.

ORDER ON MOTIONS FOR SUMMARY JUDGMENT

BRIMMER, District Judge.

The above-entitled matter having come before the Court upon the parties' motions for summary judgment and briefs in support of and in opposition thereto, and the Court having reviewed the materials on file herein, having heard argument from the parties, and being fully advised in the premises, FINDS and ORDERS as follows:

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