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WILKINSON v. BD. OF UNIVERSITY

No. 20190354.

947 N.W.2d 910 (2020)

2020 ND 179

William S. WILKINSON; Ann L. Nevins and Amy L. Perkins as Personal Representatives for the Estate of Dorothy A. Wilkinson; Barbara Caryl Materne, Trustee of the Petty Living Trust; Charlie R. Blaine and Vanessa E. Blaine, as Co-Trustees of the Charlie R. Blaine and Vanessa E. Blaine Revocable Trust; Lois Jean Patch, life tenant; and Lana J. Sundahl, Linda Joy Weigel, Deborah J. Goetz, Marva J. Will, Ronald J. Patch, Michael Larry Patch, and Jon Charles Patch, Remaindermen, Plaintiffs and Appellees v. The BOARD OF UNIVERSITY and School Lands of the State of North Dakota, Brigham Oil & Gas, LLP; StatoilOil & Gas LP; Defendants and Appellants and EOG Resources, Inc.; Defendant and Appellee and XTO Energy Inc.; Petrogulf Corporation, and all other persons unknown who have or claim an interest in the property described in the Complaint, Defendants and North Dakota State Engineer, Intervener and Appellant

Supreme Court of North Dakota.

Filed August 27, 2020.

Attorney(s) appearing for the Case

Joshua A. Swanson (argued) and Robert B. Stock (appeared), Fargo, ND, for plaintiffs and appellees.

David P. Garner , Bismarck, ND, for defendant and appellant the Board of University and School Lands of the State of North Dakota.

John E. Ward , Bismarck, ND, for defendant and appellant Brigham Oil & Gas, LLP and Statoil Oil & Gas, LP.

Lawrence Bender , Bismarck, ND, for defendant and appellee EOG Resources, Inc.

Jennifer L. Verleger , Bismarck, ND, for intervener and appellant North Dakota State Engineer.

Craig C. Smith and Paul J. Forster , Bismarck, ND, amicus curiae North Dakota Petroleum Council.

[¶1] The Board of University and School Lands of the State of North Dakota, the State Engineer, and Statoil Oil & Gas LP appeal from a judgment determining William Wilkinson and the other plaintiffs own mineral interests in certain land. Although the judgment is not appealable...

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