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BP EXPLORATION & OIL CO. v. MAINTENANCE SERVS.

Nos. 01-3137, 01-3194 and 01-4291.

313 F.3d 936 (2002)

BP EXPLORATION & OIL COMPANY, Plaintiff-Appellee/Cross-Appellant, v. MAINTENANCE SERVICES, INC., Defendant-Appellant/Cross-Appellee, DJA Inspection Services, Inc., Defendant. BP Exploration & Oil Company, Plaintiff-Appellant, v. Maintenance Services, Inc., Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: December 18, 2002.

Attorney(s) appearing for the Case

John C. Fickes (briefed), Clair E. Dickinson (briefed), Brouse & McDowell, Akron, OH, Joseph T. Dattilo (argued and briefed), Brouse & McDowell, Cleveland, OH, for Plaintiff-Appellee/Cross-Appellant in 01-3137, 01-3194.

Michael K. Yarbrough (argued and briefed), Scott D. Phillips (briefed), Frost, Brown & Todd, Columbus, OH, Thomas D. Amrine (briefed), Frost, Brown & Todd, Cincinnati, OH, for Defendant-Appellant/Cross-Appellee in 01-3137, 01-3194.

John C. Fickes (briefed), Clair E. Dickinson (briefed), Brouse & McDowell, Akron, OH, Joseph T. Dattilo (argued and briefed), Brouse & McDowell, Cleveland, OH, for Plaintiff-Appellant in 01-4291.

Michael K. Yarbrough (argued and briefed), Scott D. Phillips (briefed), Frost, Brown & Todd, Columbus, OH, Thomas D. Amrine (briefed), Frost, Brown & Todd, Cincinnati, OH, for Defendant-Appellee in 01-4291.

Before: MARTIN, Chief Circuit Judge; RYAN, Circuit Judge; and COHN, District Judge.

OPINION

RYAN, Circuit Judge.

We have combined for decision, in a single opinion, two appeals that come to us from the district court involving the same parties.

In the first appeal, the district court entered judgment for the plaintiff, BP Exploration & Oil Company, in the amount of $603,695.54 on a jury verdict finding the defendant, Maintenance Services, Inc. (MSI), sixty percent liable and the plaintiff forty percent liable for causing a leak...

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