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RICE v. HARKEN EXPLORATION CO.

No. 99-11229.

250 F.3d 264 (2001)

D.E. RICE, Trustee for the Rice Family Living Trust; Karen Rice, Trustee for the Rice Family Living Trust, Plaintiffs-Appellants, v. HARKEN EXPLORATION COMPANY, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

April 25, 2001.

Attorney(s) appearing for the Case

James H. Wood (argued), Channy Ferris Wood, The Wood Law Firm, Amarillo, TX, for Plaintiffs-Appellants.

Kelli Michelle Hinson (argued), Kenneth Edwin Carroll, Carrington, Coleman, Sloman & Blumenthal, Dallas, TX, for Defendant-Appellee.

Anne R. Traum, Las Vegas, NV, Joan M. Pepin, U.S. Dept. of Justice, Environment & Natural Resources Div., Washington, DC, for United States of America, Amicus Curiae.

Thomas H. Edwards, Austin, TX, for The State of Texas, Amicus Curiae.

Joseph D. Lonardo, John W. Wilmer, Jr., Vorys, Sater, Seymour & Pease, Washington, DC, for Independent Petroleum Ass'n of America, Texas Independent Producers and Royalty Owners Ass'n, Texas Oil and Gas Ass'n and North Texas Oil & Gas Ass'n, Amicus Curiae.

Before GARWOOD, HIGGINBOTHAM and STEWART, Circuit Judges.

GARWOOD, Circuit Judge:

Plaintiffs-appellants D.E. and Karen Rice (the Rices) filed this suit against defendant-appellee Harken Exploration Company (Harken) alleging that Harken discharged oil into or upon "navigable waters" in violation of the Oil Pollution Act of 1990, 33 U.S.C. §§ 2701-2720 (OPA), and also asserting several related state law claims. Harken moved for summary judgment on all claims and the district court granted its motion in part, on the...

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