SINCLAIR OIL CORP. v. AMOCO PRODUCTION CO.

No. 91-4230.

982 F.2d 437 (1992)

SINCLAIR OIL CORPORATION, a Wyoming corporation, Plaintiff-counter-defendant-Appellee, v. AMOCO PRODUCTION COMPANY, a Delaware corporation, Defendant-counter-claimant-Appellant.

United States Court of Appeals, Tenth Circuit.

December 29, 1992.


Attorney(s) appearing for the Case

Clark Waddoups (Brian J. Romriell and Paul C. Drecksel of Kimball, Parr, Waddoups, Brown & Gee, with him on the brief), of Kimball, Parr, Waddoups, Brown & Gee, Salt Lake City, UT, for appellant.

Richard W. Giauque (Stephen G. Crockett, Stephen T. Hard, and Milo Steven Marsden of Giauque, Crockett & Bendinger, with him on the briefs) of Giauque, Crockett & Bendinger, Salt Lake City, UT, for appellee.

Before TACHA and McWILLIAMS, Circuit Judges, and O'CONNOR, District Judge.


TACHA, Circuit Judge.

Defendant-Appellant Amoco Production Company ("Amoco") appeals an order of the United States District Court for the District of Utah denying its motion to stay or dismiss a declaratory judgment action pending the outcome of parallel litigation in Wyoming state court. Amoco bases its appeal on 28 U.S.C. § 1291. We conclude that the order of the district court is not appealable as a final decision and dismiss the appeal for lack of jurisdiction...

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