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CONOCO INC. v. ONEOK, INC.

Nos. 95-6095, 95-6118.

91 F.3d 1405 (1996)

CONOCO INCORPORATED, Third-Party Plaintiff, and Conoco Pipeline Co., Third-Party Plaintiff-Appellant/Cross-Appellee, v. ONEOK, INC., doing business as Oklahoma Natural Gas Company, Third-Party Defendant-Appellee/Cross-Appellant. Association of Oil Pipe Lines, Amicus Curiae.

United States Court of Appeals, Tenth Circuit.

August 1, 1996.

Attorney(s) appearing for the Case

Gary W. Davis of Crowe & Dunlevy, Oklahoma City, Oklahoma (L. Mark Walker and Fred R. Gipson of Crowe & Dunlevy, Oklahoma City, Oklahoma; and Mark R. Zehleer, Conoco Inc., Houston, Texas, with him on the briefs), for Third-Party Plaintiff-Appellant/Cross-Appellee.

Peter L. Wheeler (D. Lynn Babb and Susan A. Doke, with him on the briefs) of Pierce Couch Hendrickson Baysinger & Green, Oklahoma City, Oklahoma, for Third-Party Defendant-Appellee/Cross-Appellant.

Before SEYMOUR, Chief Judge, PORFILIO and TACHA, Circuit Judges.

SEYMOUR, Chief Judge.

Mr. Don E. Moore and Ms. Connie J. Moore brought this action alleging their property was polluted by Conoco, Inc. and Conoco Pipe Line Co.1 The Moores alleged that Conoco owned and operated a pipeline which broke and spilled gasoline and fuel oil into nearby soil and ground water. Conoco brought a third-party action against ONEOK, Inc., d/b/a Oklahoma Natural Gas Company...

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