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ASHLAND OIL, INC. v. PHILLIPS PETROLEUM CO.

Nos. 79-1009, 79-1096 and 79-1108.

607 F.2d 335 (1979)

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

United States Court of Appeals, Tenth Circuit.

Decided October 15, 1979.

Rehearing Denied November 14, 1979.

Attorney(s) appearing for the Case

Gerald Sawatzky, Wichita, Kan. (John M. Imel, Tulsa, Okl., Arloe W. Mayne, Lillian Williams, Ashland, Ky., W. O. Strong, III, Houston, Tex. and of counsel, Foulston, Siefkin, Powers & Eberhardt, Wichita, Kan., Fulbright & Jaworski, Houston, Tex., and Moyers, Martin, Conway, Santee & Imel, Tulsa, Okl., on brief), for plaintiff-appellant, cross-appellee.

Don L. Jemison, Bartlesville, Okl. and L. K. Smith of Boone, Ellison & Smith, Tulsa, Okl. (Kenneth Heady and C. J. Roberts, Bartlesville, Okl., on brief), for defendant-appellee, cross-appellant.

John E. Lindskold, Dept. of Justice, Washington, D. C., for intervenor-appellee, cross-appellant.

Before SETH, Chief Judge, BARRETT and DOYLE, Circuit Judges.

PER CURIAM.

This case was remanded for the development of additional facts relating to and to provide a basis for the valuation of the helium at the wellhead by the use of a work-back method. See Ashland Oil, Inc. v. Phillips Petroleum Company, 554 F.2d 381 (10th Cir.). The trial court was to determine a proper starting place and value for such method, the plant cost, return on investment, the costs chargeable to production...

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