Bragg v. Burlington Resources Oil & Gas Co.

20080129 James H. Bragg and
J. Michael Gleason, Plaintiffs and Appellees
v.
Burlington Resources Oil
and Gas Company LP, Defendant and Appellant

Appeal from: District Court, Southwest Judicial District, Bowman County
Judge Zane Anderson
Nature of Action: Contracts
Counsel:
Appellant: Crowley Fleck PLLP
Appellee: Zuger Kirmis & Smith
Term: 10/2008   Argument: 10/28/2008  10:10am

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Issues: Appellant's Statement of the Issues:
Whether the District Court erred in granting summary judgment for Bragg and Gleason on the ground that a quit claim deed from Continental Resources, Inc. ("Continental") to Bragg and Gleason as part of a "settlement agreement," by which Continental quitclaimed its interest in oil and gas leases that it previously assigned to Burlington Oil & Gas Resources LP ("Burlington"), served to divest Burlington (a prior purchaser) of its interest in those leases under the lis pendens doctrine.

Appellee's Statement of the Issues:
Appellant, Burlington Resources Oil and Gas Company, LP ("Burlington"), sets forth in its brief the primary issue in this case. However, there is a second issue. This second issue arises if this Court were to determine that Burlington is not barred by the doctrine of lis pendens from claiming an interest in the subject real estate superior to the Appellees, James H. Bragg ("Bragg") and J. Michael Gleason ("Gleason") (collectively, "Appellees", or "Bragg/Gleason"). In that case, the additional issue is whether Burlington, as a matter of law, is estopped from asserting its claim that it is not so bound by the doctrine of lis pendens.

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Docket entries:
106/02/2008 NOTICE OF APPEAL: 05/29/2008
206/24/2008 RECORD ON APPEAL (2 volumes). Not rec'd entry no. 17 (entry in error).
307/02/2008 MOT. EXT/TIME APPELLANT BRIEF & Affidavit in Support
407/22/2008 APPELLANT BRIEF
507/22/2008 APPELLANT APPENDIX
607/22/2008 DISK - atb
708/20/2008 APPELLEE BRIEF
808/20/2008 DISK-AEB
909/08/2008 MOT. EXT/TIME REPLY BRIEF
1009/08/2008 ACTION BY CLERK (MRY). Granted: 09/15/2008
1109/16/2008 REPLY BRIEF
1209/16/2008 DISK-RYB
1310/28/2008 APPEARANCES: John W. Morrison; Lyle W. Kirmis
1410/28/2008 ARGUED: Morrison; Kirmis

Generated from Supreme Court Docket on 01/08/2009