ASHLEY CREEK PHOSPHATE COMPANY, Plaintiff-Counter-Defendant-Appellant, and
State of Utah, Plaintiff-Counter-Defendant,
v.
CHEVRON USA, INC.; SF Pipeline Limited Company; SF Phosphates Limited Company; J.R. Simplot Company; Farmland Industries, Inc.; FS, Inc., a Utah corporation; Chevron Industries, Inc., a Delaware corporation; Chevron Chemical Company, a Delaware corporation; Chevron Pipe Line Company, a Delaware corporation; Chevron Corporation, a Delaware corporation, Defendants-Counter-Claimants-Appellees.
Ashley Creek Phosphate Company, Plaintiff-Counter-Defendant, and
State of Utah, Plaintiff-Counter-Defendant-Appellant,
v.
Chevron Usa, Inc.; SF Pipeline Limited Company; SF Phosphates Limited Company; J.R. Simplot Company; Farmland Industries, Inc.; FS, Inc., a Utah corporation; Chevron Industries, Inc., a Delaware corporation; Chevron Chemical Company, a Delaware corporation; Chevron Pipe Line Company, a Delaware corporation; Chevron Corporation, a Delaware corporation, Defendants-Counter-Claimants-Appellees.
Ashley Creek Phosphate Company, Plaintiff-Counter-Defendant-Appellant, and
State of Utah, Plaintiff-Counter-Defendant.
v.
Chevron Usa, Inc.; SF Pipeline Limited Company; SF Phosphates Limited Company; J.R. Simplot Company; Farmland Industries, Inc.; FS, Inc., a Utah corporation; Chevron Industries, Inc., a Delaware corporation; Chevron Chemical Company, a Delaware corporation; Chevron Pipe Line Company, a Delaware corporation; Chevron Corporation, a Delaware corporation, Defendants-Counter-Claimants-Appellees.
United States Court of Appeals, Tenth Circuit.https://leagle.com/images/logo.png
January 2, 2003.
January 2, 2003.
Attorney(s) appearing for the Case
E. Craig Smay, Salt Lake City, UT, (Philip Pugsley, Assistant Attorney General, State of Utah, Salt Lake City, UT, with him on the briefs), for Ashley Creek Phosphate Company and State of Utah, Plaintiffs-Counter-Defendants-Appellants.
Peter W. Billings, Fabian & Clendenin, Salt Lake City, UT, (Douglas B. Cannon, Fabian & Clendenin, Salt Lake City, UT; James S. Jardine, Jonathan A. Dibble, and Cameron M. Hancock, of Ray, Quinney & Nebeker, Salt Lake City, UT, with him on the briefs), for SF Pipeline Limited Company; SF Phosphates Limited Company, J.R. Simplot Company; Farmland Industries, Inc.; and FS, Inc., Defendants-Counter-Claimants-Appellees.
E. Scott Savage, (Stephen R. Waldron, with him on the briefs), Berman, Gaufin, Tomsic & Savage, Salt Lake City, UT, for Chevron USA, Inc.; Chevron Industries, Inc.; Chevron Chemical Company; Chevron Pipe Line Company; and Chevron Corporation, Defendants-Counter-Claimants-Appellees.
Before KELLY, Circuit Judge, BRORBY, Senior Circuit Judge, and MURPHY, Circuit Judge.
United States Court of Appeals, Tenth Circuit.
MURPHY, Circuit Judge.
INTRODUCTION
Ashley Creek Phosphate Company ("Ashley Creek") brought suit against Chevron Corporation and several related entities (collectively "Chevron") and J.R. Simplot Company, Farmland Industries, Inc., and three entities owned by, or operated as joint ventures between, Simplot and Farmland (collectively "SF"). Ashley Creek alleged, inter alia, that Chevron and SF violated various...
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