DISCLAIMER: The following unofficial case summaries are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
152103P.pdf 07/14/2017 Lenny M. Chapman v. Missouri Basin Well Service
U.S. Court of Appeals Case No: 15-2103
and No: 15-2396
U.S. District Court for the District of North Dakota - Bismarck
[PUBLISHED] [Kelly, Author, with Murphy, Circuit Judge, and Montgomery,
District Judge]
Civil Case - diversity. The district court's application of Oklahoma law
rather the North Dakota law did not violate a fundamental public policy of
North Dakota under N.D. Cent. Code sec. 22-01-10, because the relevant
contract was not a motor carrier transportation contract. The district
court did not clearly err in granting the Chapmans' Rule 59(e) motion by
clarifying that the language "all amounts that have been paid or will be
paid" included the amounts paid by Hiland and Hiland's insurers. The
district court did not err in rejecting Missouri Basin's Rule 59(e)
motion, as the motion was an impermissible attempt to raise new arguments
that could have been raised earlier and, in any event, the rulings were
not inconsistent. Thus, the district court did not abuse its discretion in
denying the Rule 59(e) motions. The district court orders are affirmed.