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McMORAN OIL AND GAS CO. v. KN ENERGY, INC.

Nos. 89-1068, 89-1098.

907 F.2d 1022 (1990)

McMORAN OIL AND GAS COMPANY, a Delaware corporation; Freeport-McMoran Inc., a Delaware corporation; and FMP Operating Company, a Texas Limited Partnership, Plaintiffs-Appellees/Cross-Appellants, v. KN ENERGY, INC., a Kansas corporation, Defendant-Appellant/Cross-Appellee.

United States Court of Appeals, Tenth Circuit.

Rehearing Denied August 30, 1990.

Attorney(s) appearing for the Case

Tucker K. Trautman (Lawrence P. Terrell and D. Monte Pascoe, with him on the briefs) of Ireland, Stapleton, Pryor & Pascoe, P.C., Denver, Colo., for plaintiffs-appellees/cross-appellants.

Robert L. Morris of Morris, Lower & Sattler (P. Kathleen Lower of Morris, Lower & Sattler, and Steve H. Ozawa of KN Energy, Inc., Lakewood, Colo., with him on the briefs), Denver, Colo., for defendant-appellant/cross-appellee.

Before MOORE and McWILLIAMS, Circuit Judges, and BRATTON, Senior District Judge.

JOHN P. MOORE, Circuit Judge.

Had the Supreme Court recently not decided to "adhere to our oft-repeated rule that diversity jurisdiction in a suit by or against the entity depends on the citizenship of `all the members,'" Carden v. Arkoma Assocs., ___ U.S. ___, 110 S.Ct. 1015, 1021, 108 L.Ed.2d 157 (1990) (citation omitted), this case might well have continued on its journey in federal court, successfully slipping past Scyllaea. Instead,

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