Egeland v. Continental Resources, Inc.

20000042 Mary M. Egeland, Plaintiff and Appellant
v.
Continental Resources, Inc.;
Flying J Oil & Gas, Inc.;
Big West Oil & Gas, Inc.;
Samedan Oil Corporation; and
M.J. Armstrong, Defendants and Appellees

Appeal from: District Court, Southwest Judicial District, Bowman County
Judge Ronald L. Hilden
Nature of Action: Oil, Gas and Minerals
Counsel:
Appellant: Hardy, Maus & Nordsven, P.C.
Appellee: Pearce & Durick
Term: 06/2000   Argument: 06/19/2000  1:30pm
ND cite: 2000 ND 169
NW cite: 616 N.W.2d 861


Issues: Appellant's Statement of the Issues:
1. Whether forced pooling of an oil and gas lease constitutes committing the lands to a "unit plan of development or operation".
ANSWER: Yes.
2. Whether the pugh clause in the subject oil and gas leases prevails over the Habendum clause so that both leases expired as to all lands not within a producing unit on March 8, 1996.
ANSWER: Yes.
3. Whether Continental Resources, Inc., has a fiduciary obligation to Mary Egeland as unit operator so that it is obligated to pay any royalties due her arising from the expiration or termination of the oil and gas leases.
ANSWER: Yes.

Appellee's Statement of the Issues:
Did the district court properly grant summary judgment to the Defendants dismissing Egeland's complaint on the merits with prejudice.
a. Whether the district court properly concluded that the Pugh clause contained in each of the oil and gas leases at issue does not override the "habendum clause" and the "continuous drilling operations clause" contained in each lease.
b. Whether the district court properly concluded that the force pooling orders entered by the North Dakota Industrial Commission ("Commission") did not breach the terms and conditions of the oil and gas leases at issue.
c. Whether the district court properly concluded that the Defendants did not breach any fiduciary obligations they may have had to Egeland by virtue of the oil and gas leases at issue.

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Docket entries:
102/15/2000 NOTICE OF APPEAL: 02/11/2000
202/15/2000 ORDER FOR TRANSCRIPT: 02/11/2000
303/01/2000 TRANSCRIPT DATED 9-13-99
403/02/2000 DISK - TRA dated 9-13-99
503/07/2000 RECORD ON APPEAL
604/06/2000 APPELLANT BRIEF
704/06/2000 APPELLANT APPENDIX
804/10/2000 DISK - ATB
904/25/2000 MOT. EXT/TIME APPELLEE BRIEF & Brief in Support
1004/25/2000 ACTION BY CLERK (with understanding case will be placed on June Term). Granted: 05/19/2000
1105/19/2000 APPELLEE BRIEF
1205/19/2000 DISK - AEB
1305/25/2000 Corrected page II of Table of Authorities, page 12, and disk of AEB (inserted into AEB)
1406/01/2000 REPLY BRIEF OF APPELLANT
1506/02/2000 DISK - RYB
1606/19/2000 APPEARANCES: Michael J. Maus; Lawrence Bender
1706/19/2000 ARGUED: Maus; Bender (Vol. X; page 39)
1809/14/2000 DISPOSITION: AFFIRMED
1909/14/2000 UNANIMOUS OPINION: Neumann, William A.
2009/14/2000 Costs on appeal taxed in favor of appellee
2109/14/2000 Order/Judgment Mailed to Parties
2210/06/2000 MANDATE
2310/19/2000 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE
2405/09/2007 EXPUNGED - Nonpermanent record items destroyed

Generated from Supreme Court Docket on 12/17/2014