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KOCH HYDROCARBON CO. v. MDU RESOURCES GROUP

Nos. 91-3583, 91-3691.

988 F.2d 1529 (1993)

KOCH HYDROCARBON COMPANY, A DIVISION OF KOCH INDUSTRIES, INC., Appellant, v. MDU RESOURCES GROUP, INC., formerly known as Montana-Dakota Utilities Co.; Williston Basin Interstate Pipeline Company, a subsidiary of MDU Resources Group, Inc., Appellees. KOCH HYDROCARBON COMPANY, A DIVISION OF KOCH INDUSTRIES, INC., Appellee, v. MDU RESOURCES GROUP, INC., formerly known as Montana-Dakota Utilities Co.; Williston Basin Interstate Pipeline Company, a subsidiary of MDU Resources Group, Inc., Appellants.

United States Court of Appeals, Eighth Circuit.

Decided March 15, 1993.

Attorney(s) appearing for the Case

Kelly D. Sears, Wichita, KS, argued (Michael McMahon, Wichita, KS, Joseph Cichy, R.W. Wheeler, and John Morrison, Bismarck, ND, on the brief), for appellants.

Louis H. Willenken, New York City, argued (James S. Hill, and Daniel S. Kuntz, Bismarck, ND, on the brief), for appellees.

Before BOWMAN, LOKEN, Circuit Judges, and HUNTER, Senior District Judge.

BOWMAN, Circuit Judge.

Koch Hydrocarbon Company (Koch) brought this diversity action for breach of contract against MDU Resources Group, Inc. (MDU), and Williston Basin Interstate Pipeline Company (WBI), a wholly-owned subsidiary of MDU.1 After a series of summary judgment rulings and a bench trial, the District Court2 made its findings and conclusions and entered judgment awarding Koch damages of $31,990,300...

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