BTA Oil Producers, et al. v. MDU Resources Group, et al.
Docket Info
- Title
- BTA Oil Producers, Cenex Harvest
States Cooperatives, Conoco, Inc.,
Equitable Resources Energy Company,
Exxon Mobil Corporation, Midgard
Energy Company, , Sinclair
Oil Corporation, Kerr-McGee Oil & Gas
Onshore, L.P., TBI Exploration, Inc.,
, Tipperary Oil & Gas Corporation,
and Tom Brown, Inc., Plaintiffs and Appellants
v.
MDU Resources Group, Inc., , Williston Basin Interstate
Pipeline Company, Inc., Koch Industries,
Inc., and Koch Hydrocarbons Company, Defendants and Appellees - Case Type
- CIVIL APPEAL : CONTRACTS
- Appeal From
-
Case No. 97-C-089
Southwest Judicial District, Stark County
Allan L. Schmalenberger
Highlight
When an impoverishment results from a valid contractual arrangement made by a party, the result is not contrary to equity and there has been no unjust enrichment.
Unjust enrichment applies only in the absence of a contract between the parties, and there can be no implied-in-law contract where there is an express contract between the parties relative to the same subject matter.
Affidavits containing conclusory statements unsupported by specific facts are insufficient to raise a genuine issue of material fact precluding summary judgment.
When a party opposing summary judgment fails to invoke N.D.R.Civ.P. 56(f), the possibility that further discovery will yield favorable evidence raising an issue of material fact is not a ground to deny the motion.
Whether an agreement is a contract for sale governed by the Uniform Commercial Code is not decided by the labels used by the parties to characterize the transaction, but by the substance of the transaction and intent of the parties.
The filing of a motion to intervene, accompanied by a proper pleading, begins an action for purposes of the statute of limitations.
(Note: Attachments may not be available for recently filed cases and/or confidential documents.)
Seq. # | Filing Date | Description | Attachment |
---|---|---|---|
1 | 05/14/2001 | NOTICE OF APPEAL : 05/04/2001 | |
2 | 05/14/2001 | ANNOUNCED DISQUALIFICATION : VandeWalle, Gerald W. | |
3 | 05/14/2001 | AMENDED NOTICE OF APPEAL (filed in trial ct. 5-07-01) | |
4 | 05/14/2001 | ORDER FOR TRANSCRIPT (Kim Schwartz, Court Reporter) : 05/07/2001 | |
5 | 06/01/2001 | RETENTION OF RECORD ON APPEAL : 06/26/2001 | |
6 | 06/20/2001 | APPELLANTS' MOTION FOR EXT/PAGE OR WORD LIMIT FOR ATB | |
7 | 06/20/2001 | ACTION BY CHIEF JUSTICE - Denied | |
8 | 06/27/2001 | MOT. EXT/TIME TRANSCRIPT | |
9 | 06/27/2001 | ACTION BY TRIAL COURT - Granted : 08/04/2001 | |
10 | 08/04/2001 | TRANSCRIPTS DATED 11-2-98; 10-4-99; 5-8-00; 8-21-00; 10-9-00; & 10-23-00 | |
11 | 08/08/2001 | DISK of trans dated 11-2-98, 10-4-99, 5-8-00, 8-21-00, 10-9-00, & 10-23-00 | |
12 | 08/08/2001 | RECORD ON APPEAL (18 Volumes) including separates | |
13 | 09/05/2001 | APPELLANT'S RENEWED MOTION CONCERNING PAGE LIMITS & BRIEF IN SUPPORT | |
14 | 09/05/2001 | ACTION BY ACTING CHIEF JUSTICE NEUMANN (extended to maximum of 15,000 words) - Granted | |
15 | 09/11/2001 | MOT. EXT/TIME APPELLANT BRIEF & Brief in Support | |
16 | 09/12/2001 | ACTION BY CLERK - Granted : 09/24/2001 | |
17 | 09/13/2001 | MOTION FOR APPEARANCE BY JAMES B. WILCOX, JR. (copy of faxed Updated Affidavit - ) | |
18 | 09/13/2001 | ACTION BY CLERK (Appearance by James B. Wilcox, Jr. approved) - Granted | |
19 | 09/21/2001 | Original Affidavit of James B. Wilcox, Jr. under Rule 11.1, NDRCt. | |
20 | 09/24/2001 | APPELLANT BRIEF | View |
21 | 09/24/2001 | APPELLANT APPENDIX (2 volumes) | |
22 | 09/25/2001 | MOTION FOR PERMISSION TO APPEAR AS COUNSEL AND AFFIDAVIT BY JAMES D. OLIVER | |
23 | 09/25/2001 | MOTION FOR PERMISSION TO APPEAR AS COUNSEL AND AFFIDAVIT OF JAMES M. ARMSTRONG | |
24 | 09/26/2001 | ACTION BY CLERK (Appearance by James D. Oliver) - Granted | |
25 | 09/26/2001 | ACTION BY CLERK (Appearance by James M. Armstrong) - Granted | |
26 | 10/02/2001 | Corrected T.O.A.,pages, & disk for ATB and corrected T.O.C. & Memorandum for ATA | |
27 | 10/02/2001 | DISK - atb | |
28 | 10/15/2001 | MOT. EXT/TIME APPELLEE BRIEF | |
29 | 10/15/2001 | ACTION BY CLERK (MAE) - Granted : 11/07/2001 | |
30 | 10/30/2001 | Corrected Table of Contents for Appendix A and B | |
31 | 11/07/2001 | APPELLEE BRIEF (Koch Industries, Inc. & Koch Hydrocarbon Company) | View |
32 | 11/07/2001 | APPELLEE APPENDIX (Koch Industries, Inc. & Koch Hydrocarbon Co.) | |
33 | 11/07/2001 | DISK - AEB (Koch Industries, Inc. & Koch Hydrocarbon Co.) | |
34 | 11/07/2001 | APPELLEE BRIEF (MDU Resources Group & Williston Basin Interstate Pipeline Co.) | View |
35 | 11/07/2001 | DISK - AEB (MDU Resources Group & Williston Basin Interstate Pipeline) | |
36 | 11/14/2001 | MOTION FOR PERMISSION TO APPEAR AS COUNSEL BY MICHAEL A. CERAMELLA & AFFID.OF MICHAEL CERAMELLA | |
37 | 11/14/2001 | ACTION BY CLERK (Permission to Appear -- Michael A. Ceramella) - Granted | |
38 | 11/14/2001 | MOT. EXT/TIME REPLY BRIEF (FAXED COPY) | |
39 | 11/14/2001 | ACTION BY CLERK - Granted : 12/04/2001 | |
40 | 11/14/2001 | MOTION TO INCREASE REPLY BRIEF PAGE LIMITS (Faxed copy) | |
41 | 11/14/2001 | ACTION BY ACTING CHIEF JUSTICE MARING (UP TO 1250 WORDS) - Granted | |
42 | 11/15/2001 | Original and seven copies of Motion ext. time RYB & ext. of page limits & aff. of service | |
43 | 12/03/2001 | SITTING WITH THE COURT : Glaser, Gerald G. | |
44 | 12/07/2001 | REPLY BRIEF - Corrected | View |
45 | 12/10/2001 | DISK - RYB | |
46 | 12/12/2001 | APPEARANCES: James B. Wilcox, Jr., Albert J. Hardy; Daniel S. Kuntz; John W. Morrison, James M. | |
47 | 12/12/2001 | Armstrong | |
48 | 12/12/2001 | ARGUED: Wilcox; Kuntz; Armstrong (Vol. X; Page 185) | |
49 | 12/12/2001 | ORAL ARGUMENT WEBCAST | |
50 | 04/16/2002 | DISPOSITION (Remanded) | |
51 | 04/16/2002 | UNANIMOUS OPINION : Sandstrom, Dale V. | View |
52 | 04/16/2002 | Costs on appeal taxed in favor of appellees | |
53 | 04/18/2002 | Order/Judgment Mailed to Parties | |
54 | 04/30/2002 | PETITION FOR REHEARING | View |
55 | 04/30/2002 | DISK - PER | |
56 | 05/02/2002 | Letter from Albert J. Hardy dated 5-1-02 RE: Correction on page 9 of Pet/Rehearing | |
57 | 05/17/2002 | ACTION BY SUPREME COURT (Pet. for Rehearing) - Denied | |
58 | 05/29/2002 | MANDATE | |
59 | 08/26/2002 | Letter from Clerk, U.S. Supreme Court (pet. for writ of certiorari filed 8-15-02) | |
60 | 10/28/2002 | Letter dated 10/21/2002 from U.S. Supreme Court Clerk, Petition for Writ of Certiorari is denied | |
61 | 05/30/2007 | RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE | |
62 | 08/24/2007 | EXPUNGED - Nonpermanent record items destroyed |