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191945P.pdf   07/20/2020  Slawson Exploration Co., Inc.  v.  Nine Point Energy, LLC
   U.S. Court of Appeals Case No:  19-1945
   U.S. District Court for the District of North Dakota - Bismarck   
[PUBLISHED] [Shepherd, Author, and Smith, Chief Judge, and Melloy, Circuit Judge] Civil case - Bankruptcy. Slawson and Nine Point's predecessor-in-interest signed and oil and gas exploration agreement committing the predecessor-in-interest to make a 10% payment towards the cost of developing wells in which the predecessor-in-interest elected to participate; when Nine Point filed bankruptcy, Slawson filed a proof of claim for the 10% payments and argued they was not dischargeable because the agreement was a covenant running with the land; the bankruptcy court reserved the question and permitted Slawson to commence litigation to resolve the issue; the district court did not err finding the obligation did not run with the land under North Dakota law, as the obligation to make the payment did not directly benefit the land; nor was the obligation enforceable as an equitable servitude or a real property interest.