Murray v. BEJ Minerals, LLC, No. 16-35506 (9th Cir. 2020)
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The en banc court affirmed the district court's order granting summary judgment to plaintiffs and declaring them owners of dinosaur fossils discovered on their ranch.
The Montana Supreme Court accepted the en banc court's certification request and answered the certified question, concluding that dinosaur fossils were not within the "ordinary and natural meaning" of "mineral" and, thus, belonged to the surface estate. In this case, because plaintiffs are the undisputed owners of the surface estate, the state court's decision requires a resolution in their favor.
Court Description: Montana Law. The en banc court affirmed the district court’s order granting summary judgment to plaintiffs and declaring them owners of dinosaur fossils discovered on their ranch. The Montana Supreme Court accepted a certification request from the en banc court, answered the certified question, and concluded that dinosaur fossils were not within the “ordinary and natural meaning” of “mineral” and, thus, belonged to the surface estate. The en banc court held that because the plaintiffs were the undisputed owners of the surface estate at issue, the Supreme Court’s decision required a resolution in their favor.
This opinion or order relates to an opinion or order originally issued on November 6, 2018.
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