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PHELPS DODGE CORP. v. EL PASO CORP.

No. 1 CA-CV 05-0683.

142 P.3d 708 (2006)

PHELPS DODGE CORPORATION, Phelps Dodge Morenci, Inc., Bisbee Queen Mining Company, Phelps Dodge Ajo, Inc., Phelps Dodge Hidalgo, Inc., Phelps Dodge Chino, Inc., Phelps Dodge Tyrone, Inc., Phelps Dodge Miami, Inc., Plaintiffs-Appellants, v. EL PASO CORPORATION, El Paso Natural Gas Company, El Paso Merchant Energy Company, Defendants-Appellees.

Court of Appeals of Arizona, Division 1, Department D.

September 7, 2006.

Attorney(s) appearing for the Case

Ryley Carlock Applewhite PA By Clarke H. Greger, Matthew T. Clarke, Nancy S. Hawkins, Phoenix, and Kasowitz Benson Torres & Friedman LLP By Michael M. Fay, New York, Attorneys for Plaintiffs-Appellants.

Lewis and Roca LLP By Dale A. Danneman, Phoenix, and Morrison & Foerster LLP By Stuart C. Plunkett, Stephen P. Freccero, San Francisco, Attorneys for Defendants-Appellees.

OPINION

PORTLEY, Judge.

¶ 1 Phelps Dodge Corporation and its subsidiaries1 (collectively "Phelps Dodge") appeal the judgment dismissing their complaint with prejudice. Because the trial court did not have subject matter jurisdiction over Phelps Dodge's claim, we affirm the judgment.

FACTS AND PROCEDURAL BACKGROUND

¶ 2 Phelps Dodge, a New York corporation with its principal place of business in Arizona...

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