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MISSOURI BREAKS, LLC v. BURNS

No. 20100124.

791 N.W.2d 33 (2010)

2010 ND 221

MISSOURI BREAKS, LLC, Robert M. Hallmark & Associates, Frank Celeste, William R. Austin, Phoenix Energy, Bobby Lankford and Erskine Williams, Plaintiffs and Appellees v. John O. BURNS; Thomas P. Cawley; Terry Moore; Cheryl Moore; John C. Walter, Trustee; Williston Gas Company; Geary Trigleth; William Thomas Trigleth III, as Trustee, on behalf of the Blue Sky Trust; Astro-Chem Lab, Inc.; Total Safety, Inc.; Williston Basin District of Pool Company; Champion Technologies, Inc.; DC Well Service, Inc.; First National Bank of Williston; and all other persons unknown claiming any estate or interest in or lien or encumbrance upon the property described in the Complaint, Defendants Thomas R. Cawley, Appellant.

Supreme Court of North Dakota.

November 16, 2010.

Attorney(s) appearing for the Case

Jon R. Brakke (argued) and Caren Lynn Wanner Stanley (on brief), Fargo, N.D., for plaintiffs and appellees.

Robert S. Rau , Minot, N.D., for appellant.

VANDE WALLE, Chief Justice.

[¶ 1] Thomas P. Cawley appealed from a judgment quieting title to interests in an oil and gas well in Missouri Breaks, LLC, and others, and rejecting Cawley's claims to a working interest in the well and for repayment of loans made to Missouri Breaks' predecessor. We conclude the district court correctly ruled Cawley's claims are barred under the circumstances of this case. We affirm.

I

[¶ 2] This case involves...

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