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GREAT PLAINS ROYALTY v. EARL SCHWARTZ CO.

No. 20180285.

927 N.W.2d 880 (2019)

2019 ND 124

GREAT PLAINS ROYALTY CORPORATION, a North Dakota Corporation, Plaintiff and Appellant, v. EARL SCHWARTZ COMPANY, a North Dakota partnership, Basin Minerals, LLC, a North Dakota limited liability company, SunBehm Gas, Inc., a North Dakota corporation, and Kay Schwartz York, Kathy Schwartz Mau, and Kara Schwartz Johnson, as the Co-Personal Representative of the Estate of Earl N. Schwartz, Defendants and Appellees.

Supreme Court of North Dakota.

Filed May 16, 2019.

Attorney(s) appearing for the Case

Daniel H. Oster (argued) and James J. Coles (appeared), Bismarck, ND, for plaintiff and appellant.

Spencer D. Ptacek (argued) and Lawrence Bender (appeared), Bismarck, ND, for defendants and appellees Earl Schwartz Company, a North Dakota partnership, Basin Minerals, LLC, a North Dakota limited liability company, Kay Schwartz York, Kathy Schwartz Mau, and Kara Schwartz Johnson, as the Co-Personal Representative of the Estate of Earl N. Schwartz.

Jordan L. Selinger (argued) and Jon Bogner (appeared), Dickinson, ND, for defendant and appellee SunBehm Gas, Inc., a North Dakota corporation.

[¶1] Great Plains Royalty Corp. appeals from a judgment dismissing its complaint and deciding ownership of certain real property in favor of Earl Schwartz Co. ("ESCO"); Basin Minerals, LLC; SunBehm Gas, Inc.; and other defendants. Great Plains argues the district court erred in deciding ownership of the disputed properties...

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