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KOCH INDUSTRIES, INC. v. SUN CO., INC.

No. 89-2577.

918 F.2d 1203 (1990)

KOCH INDUSTRIES, INC., Plaintiff-Appellee, Cross-Appellant, v. SUN COMPANY, INC., et al., Defendants-Appellants, Cross-Appellees, and Champlin Refining & Chemicals, Inc., Defendant-Cross-Appellee.

United States Court of Appeals, Fifth Circuit.

December 12, 1990.

Attorney(s) appearing for the Case

Joseph A. Cohn, Jr., Wood, Burney, Cohn & Bradley, Corpus Christi, Tex., John A. Baughman, Carolyn Warter Goff, Pepper, Hamilton & Scheetz, Philadelphia, Pa., for Sun Co., Inc., et al.

Kelley D. Sears, Louis K. Obdyke, Michael E. Lazzo, Wichita, Kan., Shirley Selz, Gary, Thomasson, Hall & Marks, Corpus Christi, Tex., for Koch Industries.

Sloan B. Blair, Cantey & Hanger, Ft. Worth, Tex., for Champlin Refining Co., et al.

Before GARZA, JOLLY, and JONES, Circuit Judges.

EDITH H. JONES, Circuit Judge:

In two disputes stemming from its purchase of an oil refinery in Corpus Christi, Texas, Koch Industries, Inc., ("Koch") sued Sun Company, Inc., and affiliated entities ("Sun") and Champlin Petroleum Company and affiliated entities ("Champlin"), invoking the diversity jurisdiction of the federal courts. Koch sought damages from Sun for breach of contract, specifically for Sun's refusal properly to "fund" a pension plan that was transferred...

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