Missouri Breaks v. Burns
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
Judge Gerald H. Rustad
| Appellant: | Robert S. Rau | |
| Appellee: | Jon R. Brakke | |
| Appellee: | Caren Lynn Wanner Stanley |
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1) Is the Claim of Cawley subject to Res Judicata and when the parties had an agreement to litigate Cawley's claim in State Court and both acted upon that agreement. This is especially so and when the Bankruptcy Court Amended Plan of Reorganization permits subsequent Court litigation.
2) Does the Bankruptcy Act bar Cawley's claim and when the statute of limitations for proceedings under 544 expired years before. Further was MB a purchaser in good faith, when it had prior actual and constructive notice of Cawley's claim and interest.
3) Did the lower court erroneously construe state law on MB's constructive and actual notice of Cawley's interest
4) Should the Court quiet title to a 5% Working Interest in the well and property in the name of Thomas P. Cawley and order $26,000 to be set over to him (with interest), leaving for future times and dates the claims of what sum of money flows to Cawley from the 5% working interest.
Appellee's Statement of the Issues:
I.The District Court properly determined that Cawley's claim to a 5%"working interest" in the Well was precluded by the Bankruptcy Code and the doctrine of res judicata.
II.The District Court properly determined Cawley's claim to recover monies loaned to Athens/Alpha prior to its bankruptcy filing was barred by the doctrine of res judicata.
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