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OCI WYOMING, L.P. v. PACIFICORP

No. 06-8026.

479 F.3d 1199 (2007)

OCI WYOMING, L.P., A Delaware Limited Partnership, Plaintiff-Appellant, v. PACIFICORP, An Oregon Corporation, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

March 7, 2007.

Attorney(s) appearing for the Case

Phillip Trainer, Jr. of Ashby & Geddes, Wilmington, DE, (James McC. Geddes and Richard L. Renck of Ashby & Geddes, Wilmington, DE; Ford T. Bussart of Bussart, West & Tyler, P.C., Rock Springs, WY, of counsel, with him on the briefs), for Plaintiff-Appellant.

Stuart R. Day, (P. Craig Silva, with him on the brief), of Williams, Porter, Day & Neville, P.C., Casper, WY, for Defendant-Appellee.

Before BRISCOE, EBEL, and GORSUCH, Circuit Judges.

BRISCOE, Circuit Judge.

OCI Wyoming, L.P. ("OCI") filed this diversity action against PacifiCorp alleging PacifiCorp had breached its Master Electric Service Agreement with OCI by failing to provide a reliable supply of electricity to OCI's mine and refinery in Wyoming. Although both parties waived their right to a jury trial, the district court announced at the final pretrial conference its intention to impanel an advisory jury. After a nine-day trial, the advisory...

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