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TEXACO INC. v. PHILLIPS PETROLEUM COMPANY

No. 72-1758.

481 F.2d 70 (1973)

TEXACO INC., a corporation, Plaintiff-Appellant, v. PHILLIPS PETROLEUM COMPANY, a corporation, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

Decided July 13, 1973.

Attorney(s) appearing for the Case

Elmer W. Adams, Tulsa, Okl. (Philip R. Wimbish, Tulsa, Okl., on brief), for plaintiff-appellant.

Don L. Jemison, Bartlesville, Okl. (Kenneth Heady, Bartlesville, Okl., and Richard B. McDermott, Tulsa, Okl., on brief), for defendant-appellee.

Before BREITENSTEIN, BARRETT and DOYLE, Circuit Judges.

BREITENSTEIN, Circuit Judge.

The question is whether the complaint of plaintiff-appellant Texaco Inc. states a controversy arising under the laws of the United States. If it does, federal court jurisdiction lies under 28 U.S.C. § 1331(a). Otherwise, there is no federal jurisdiction. The district court sustained the motion to dismiss of defendant-appellee Phillips Petroleum Company and dismissed the action on the ground that there was no federal question jurisdiction...

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