CUNNINGHAM v. BHP PETROLEUM GREAT BRITAIN PLC

No. 03-1356.

427 F.3d 1238 (2005)

Scott A. CUNNINGHAM; P. David Mantor; Eric Loughead; John Bonneville, Plaintiffs-Appellants, v. BHP PETROLEUM GREAT BRITAIN PLC, a United Kingdom Corporation; Hamilton Brothers Petroleum Corporation, a Delaware corporation, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

October 25, 2005.


Attorney(s) appearing for the Case

Submitted on the briefs: Charles F. Brega, Stuart N. Bennett, Eric B. Liebman, Brega & Winters P.C., Denver, CO, for Plaintiffs-Appellants.

Bruce A. Featherstone and Frank C. Porada, Denver, CO, for Defendants-Appellees.

Before HENRY, MURPHY, and TYMKOVICH, Circuit Judges.


TYMKOVICH, Circuit Judge.

Plaintiffs appeal the district court's judgment of July 31, 2003, which, among other things, dismissed their second amended complaint for lack of subject matter jurisdiction. Plaintiffs do not contest the district court's judgment of dismissal; rather they challenge additional substantive rulings made by the district court. We conclude that once the district court determined it lacked jurisdiction, it should have vacated its previous substantive...

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