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PHILLIPS PIPE LINE CO. v. DIAMOND SHAMROCK REFINING

No. 94-5096.

50 F.3d 864 (1995)

PHILLIPS PIPE LINE COMPANY, Plaintiff-Appellee, v. DIAMOND SHAMROCK REFINING AND MARKETING COMPANY, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

March 17, 1995.

Attorney(s) appearing for the Case

John A. Burkhardt, Boone, Smith, Davis, Hurst & Dickman, Tulsa, OK (L.K. Smith, Boone, Smith, Davis, Hurst & Dickman, Tulsa, OK; and Don L. Jemison and Kenton J. Mai, Bartlesville, OK, with him on the brief), for plaintiff-appellee.

Bernard A. Foster, III, Ross, Marsh & Foster, Washington, DC (Deborah A. Carpentier, Ross, Marsh & Foster, Washington DC; Charles H. Fleischer, Marsh, Fleischer & Quiggle, Bethesda, MD; and Richard P. Hix and Steven K. Metcalf, Doerner, Stuart, Saunders, Daniel, Anderson & Biolchini, Tulsa, OK, with him on the briefs), for defendant-appellant.

Before MOORE and TACHA, Circuit Judges; and ALSOP, Senior District Judge.

JOHN P. MOORE, Circuit Judge.

The issue presented by this appeal is whether Phillips Pipe Line Company and Diamond Shamrock Refining and Marketing Company have entered into an agreement for the transportation of product through a pipeline subject to the terms of the Interstate Commerce Act, which governs interstate oil pipelines. 49 U.S.C. §§ 1 et seq. The question is whether this regulatory scheme embodied by the filed rate doctrine supersedes a...

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