TOSCO CORP. v. KOCH INDUSTRIES, INC.

No. 98-6209.

216 F.3d 886 (2000)

TOSCO CORPORATION, a Nevada corporation, Plaintiff-Appellee, v. KOCH INDUSTRIES, INC., as successor to Rock Island Oil & Refining Co., Inc., a Kansas corporation, Defendant-Appellant, Sun Company, Inc., (R&M), a Pennsylvania, corporation; Alpha Oil Company, an Oklahoma corporation; Resource Recovery Company; Energy Realty International, Defendants.

United States Court of Appeals, Tenth Circuit.

May 26, 2000.


Attorney(s) appearing for the Case

John J. Lyons (Kathleen O'Prey Truman of Latham & Watkins, Los Angeles, California, and Robert N. Barnes of Barnes, Smith, Lewis & McCutcheon, P.C., Oklahoma City, Oklahoma, with him on the brief) of Latham & Watkins, Los Angeles, California, for Plaintiff-Appellee.

J. Kory Parkhurst (Thomas A. Loftus III of Koch Industries, Inc., Wichita, Kansas, and J. William Conger of Hartzog, Conger & Cason, Oklahoma City, Oklahoma, with him on the briefs) of Koch Industries, Inc., Wichita, Kansas, for Defendant-Appellant.

Before BRORBY, McWILLIAMS and HENRY, Circuit Judges.


ORDER ON REHEARING

BRORBY, Circuit Judge.

Koch Industries, Inc. ("Koch") has filed a petition for panel rehearing to clarify factual statements in Tosco Corp. v. Koch Indus., Inc., 2000 WL 525915 (10th Cir., May 2, 2000), concerning the district court's allocation of fifteen percent of past and future response costs at the Duncan, Oklahoma refinery to Koch. Specifically, Koch seeks to clarify that the court did not allocate fifteen percent...

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