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U.S. ENERGY CORP. v. NUKEM, INC.

Nos. 03-1444, 03-1451.

400 F.3d 822 (2005)

U.S. ENERGY CORP., a Wyoming corporation, and Crested Corp., a Colorado corporation, d/b/a USE/CC, a joint venture, Plaintiffs-Appellees-Cross-Appellants, v. NUKEM, INC., a New York corporation, and Cycle Resource Investment Corporation, a Delaware corporation, Defendants-Appellants-Cross-Appellees.

United States Court of Appeals, Tenth Circuit.

February 24, 2005.

Attorney(s) appearing for the Case

Carolyn B. Lamm (Francis A. Vasquez, Jr., and Jonathan C. Hamilton, White & Case LLP, Washington, DC, and Frances A. Koncilja and David V. Millard, Koncilja & Associates, PC, Denver, CO, with her on the briefs), White & Case LLP, for Defendants-Appellants-Cross-Appellees.

William R. Fishman (Kenneth A.B. Roberts, Jr., Highlands Ranch, CO, with him on the briefs), Denver, CO, for Plaintiffs-Appellees-Cross-Appellants.

Before BRISCOE and MURPHY, Circuit Judges, and STEWART, District Judge.

BRISCOE, Circuit Judge.

This case involves a partnership dispute. Plaintiffs U.S. Energy Corporation and Crested Corporation brought this action in 1991 alleging that defendant Nukem, Inc., misappropriated partnership assets for its own benefit and to the detriment of the partnership. In 1994, the parties stipulated to binding arbitration. An arbitration panel issued an award in favor of plaintiffs in April 1996, which the panel amended in July 1996. Since then, the...

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