EXXON CORP. v. HEINZE

Nos. 92-35266, 92-35323.

32 F.3d 1399 (1994)

EXXON CORPORATION, Plaintiff-Appellant-Cross-Appellee, v. Harold C. HEINZE; Charles E. Cole, Attorney General for the State of Alaska; Ronald Swanson, Director of the Division of Lands; James E. Eason, Director of the Division of Oil and Gas, Defendants-Appellees-Cross-Appellants.

United States Court of Appeals, Ninth Circuit.

Decided August 17, 1994.


Attorney(s) appearing for the Case

Thomas Gibbs Gee and David D. Sterling, Baker & Botts, Houston, TX; Carl J.D. Bauman and Joseph R.D. Loescher, Hughes, Thorsness, Gantz, Powell & Brundin, Anchorage, AK, for plaintiff-appellant-cross-appellee.

Bruce M. Botelho, Deputy Attorney General, Juneau, AK; and Wilson L. Condon, Deborah L. Williams, and Katheryn Bradley, Condon, Partnow & Sharrock, Anchorage, AK, for defendants-appellees-cross-appellants.

Before: WRIGHT, GOODWIN, and HUG, Circuit Judges.


GOODWIN, Circuit Judge:

Exxon Corporation ("Exxon")1 appeals an order dismissing its 42 U.S.C. § 1983 lawsuit and denying its prayer to enjoin certain Alaska state court litigation over state oil and gas royalties. Exxon contends that the state court litigation violates its due process right to an unbiased forum. Because a partial settlement has substantially changed the posture of the case, and because the factual record is now insufficient...

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