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BOYD ROSENE & ASSOCIATES, INC. v. KANSAS GAS AGENCY

Nos. 96-5199, 96-5209 and 96-5211.

123 F.3d 1351 (1997)

BOYD ROSENE AND ASSOCIATES, INC., Plaintiff-Appellant-Cross-Appellee, v. KANSAS MUNICIPAL GAS AGENCY and City of Winfield, Kansas, Defendants-Appellees-Cross-Appellants.

United States Court of Appeals, Tenth Circuit.

August 21, 1997.

Attorney(s) appearing for the Case

Steven M. Harris and Michael D. Davis of Doyle & Harris, Tulsa, Oklahoma, for Plaintiff-Appellant-Cross-Appellee.

M. Benjamin Singletary, Richard B. Noulles, and Travis M. Dodd of Gable, Gotwals, Mock, Schwabe, Kihle & Gaberino, Tulsa, Oklahoma, for Defendant-Appellee-Cross-Appellant Kansas Municipal Gas Agency.

J. David Jorgenson of Inhofe, Jorgenson, Balman & Waller, Tulsa, Oklahoma, for Defendant-Appellee-Cross-Appellant City of Winfield, Kansas.

Before PORFILIO, ANDERSON, TACHA, BALDOCK, BRORBY, EBEL, KELLY, HENRY, BRISCOE, LUCERO, and MURPHY, Circuit Judges.

ORDER ON PETITION FOR REHEARING AND SUGGESTION FOR REHEARING EN BANC

BALDOCK, Circuit Judge.

Defendants Kansas Municipal Gas Agency (KMGA) and the City of Winfield, Kansas, seek en banc consideration of whether a district court, sitting in diversity, must apply the choice-of-law rules of the state in which it sits in resolving an attorney's fee issue in a contract suit. We grant the petition for rehearing and dispose of the matter en banc without reargument...

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