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J.R. SIMPLOT v. CHEVRON PIPELINE CO.

No. 07-4074.

563 F.3d 1102 (2009)

J.R. SIMPLOT; Simplot Phosphates LLC, formerly known as SF Phosphates Limited Company; SF Pipeline Limited Company, Plaintiffs-Counter-Defendants-Appellees, v. CHEVRON PIPELINE COMPANY; Chevron Chemical Company; Chevron U.S.A., Inc., Defendants-Counter-Claimants-Appellants.

United States Court of Appeals, Tenth Circuit.

April 23, 2009.

Attorney(s) appearing for the Case

Peder K. Batalden of Horvitz & Levy LLP, Encino, CA (David M. Axelrad of Horvitz & Levy LLP, Encino, CA; and E. Scott Savage and Stephen R. Waldron of Berman & Savage, P.C., Salt Lake City, UT, with him on the briefs), for Defendants-Counter-Claimants-Appellants.

Peter W. Billings (Douglas B. Cannon, William H. Adams, and Timothy K. Clark, with him on the brief) of Fabian & Clendenin, Salt Lake City, UT, for Plaintiffs-Counter-Defendants-Appellees.

Before BRISCOE, SEYMOUR and LUCERO, Circuit Judges.

SEYMOUR, Circuit Judge.

J.R. Simplot Company, Simplot Phosphates, LLC, and Simplot Pipeline, LLC (collectively "Simplot") sued Chevron Pipeline Company, Chevron Chemical Company, and Chevron U.S.A., Inc., (collectively "Chevron") for failure to defend and indemnify Simplot pursuant to two sales agreements. Chevron denied its liability and asserted counterclaims. The district court granted summary judgment in favor of Simplot, determining Chevron breached its duty...

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