Bragg v. Burlington Resources Oil & Gas Co.
J. Michael Gleason, Plaintiffs and Appellees
v.
Burlington Resources Oil
and Gas Company LP, Defendant and Appellant
Judge Zane Anderson
| Appellant: | John W. Morrison Jr. | |
| Appellee: | Zuger Kirmis & Smith |
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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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