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ASHLAND OIL, INC. v. PHILLIPS PETROLEUM CO.

No. 67-C-238.

463 F.Supp. 619 (1978)

ASHLAND OIL, INC., Plaintiff, v. PHILLIPS PETROLEUM COMPANY, Defendant, and United States of America, Intervenor.

United States District Court, N. D. Oklahoma.

December 28, 1978.

Attorney(s) appearing for the Case

Gerald Sawatzky of Foulston, Siefkin, Powers & Eberhardt, Wichita, Kan., John M. Imel of Martin, Logan, Moyers, Martin & Conway, Tulsa, Okl., and W. O. Strong, III, Ashland Oil, Inc., Houston, Tex., for plaintiff Ashland Oil, Inc.

Don L. Jemison, Phillips Petroleum Co., Bartlesville, Okl., and L. K. Smith of Boone, Ellison & Smith, Tulsa, Okl., for defendant Phillips Petroleum Co.

John E. Lindskold, Dennis A. Dutterer and Andrew F. Walch, Dept. of Justice, Washington, D. C., and Hubert H. Bryant, U. S. Atty., and Hubert A. Marlow, Asst. U. S. Atty., Tulsa, Okl., for intervenor United States.

MEMORANDUM OPINION

BOHANON, District Judge.

Introduction

(See also Findings Nos. 1-13)

Plaintiff Ashland seeks compensation for helium contained in the natural gas stream acquired from plaintiff by defendant Phillips, which was subsequently extracted and sold separately to the United States government. Originally tried in 1973, this case was remanded on appeal to retry controlling...

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