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Pennington, et al. v. Continental Resources 2021 ND 105
Docket No.: 20200318
Filing Date: 6/10/2021
Case Type: OIL, GAS AND MINERALS
Author: McEvers, Lisa K. Fair
Highlight: Under the law of the case doctrine, a party cannot in a second appeal relitigate issues which were resolved in the first appeal or which would have been resolved had they been properly presented in the first appeal.
The mandate rule requires the district court to follow an appellate court’s pronouncements on legal issues in subsequent proceedings in the case and to carry the appellate court’s mandate into effect according to its terms.