Van Sickle v. Hallmark & Assoc., Inc.
Harold R. Van Sickle, Plaintiffs and Appellants
v.
Hallmark & Associates, Inc.,
Frank Celeste, William R. Austin,
Phoenix Energy, Bobby Lankford and
Earskine Williams, collectively
known as "Interest Holders" NEWCO,
and their successors in interest,
Missouri Breaks, LLC, Defendants and Appellees
Judge David W. Nelson
| Appellant: | Bosard, McCutcheon & Rau, Ltd. | |
| Appellee: | Vogel Law Firm | |
| Appellant: | Max D. Rosenberg |
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Did the trial court err in dismissing the action of Earl and Harold Van Sickle and denying them Partial Summary Judgment on the issue of liability for royalty payments due and when they
1)were not parties to the Bankruptcy Action,
2)were never on notice of the Bankruptcy Action,
3)had a recorded Royalty interest that was secured and not paid fully the royalties due them and
4)when the law authorizes the action of the Van Sickles, and no other Court exists to hear their claim.
Appellee's Statement of the Issues:
I. The District Court properly granted summary judgment on theVanSickles' claims for royalties owed on oil and gas produced by the Well after Missouri Breaks took over as operator of the Well in May 2005 in that the VanSickles failed to present any facts showing they had not been paid the royalties they were owed.
II. The District Court properly granted summary judgment on the VanSickles' claims for royalties owed on oil and gas produced by the Well prior to Missouri Breaks taking over as operator of the Well in May 2005 in that:
A. The VanSickles' claims against Missouri Breaks and the Interest Holders pursuant to the plan for reorganization confirmed in the Athens/Alpha bankruptcy case are barred as a consequence of the VanSickles' failure to assert those claims in the Athens/Alpha bankruptcy case.
B. The Interest Holders cannot be held liable for the outstanding debts of Athens/Alpha pursuant to the plan for reorganization confirmed in the Athens/Alpha bankruptcy case because they did not expressly assume those debts.
C. The Interest Holders cannot be held vicariously liable for unpaid royalties under North Dakota law in that it was undisputed that while Athens/Alpha served as operator of the Well, Athens/Alpha had exclusive control over all oil and gas produced by the Well, arranged for sale of the oil and gas, and had sole possession of all revenues resulting from sale of the oil and gas produced by the Well.
III. The District Court properly granted summary judgment on the VanSickles' claims for conversion and tortious interference with contractual relations.
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