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NORTHERN NATURAL GAS v. TRANS PACIFIC OIL CORP.

Nos. 07-3277, 07-3195.

529 F.3d 1248 (2008)

NORTHERN NATURAL GAS COMPANY, Plaintiff-Appellee, v. TRANS PACIFIC OIL CORPORATION, BE USA, L.P., 1987-1; Vesoco LLC; Air Pipeline Corporation, Defendants-Third Party Plaintiffs-Appellants, v. Sondra Boyd; Dalmer Crick; Gertrude Crick; Kathy Epperly; Herbert Park; Marvin Park; Connie Sue Parmely; Jack V. Crick, Executor of the Estate of Gertrude Crick, Third-Party-Defendants-Appellants.

United States Court of Appeals, Tenth Circuit.

June 17, 2008.

Attorney(s) appearing for the Case

Jim H. Goering of Foulston Siefkin LLP, Wichita, KS (Timothy B. Mustaine of Foulston Siefkin LLP, Wichita, KS; and John V. Black of Black's Law Office, PA, Pratt, Kansas, with him on the briefs), for Defendants-Appellants.

Alan L. Rupe of Kutak Rock LLP, Wichita, KS (Richard A. Olmstead of Kutak Rock LLP, Wichita, KS; and Mark Coldiron and Phillip Whaley of Ryan, Whaley & Coldirn, P.C., Oklahoma City, OK, with him on the brief), for Plaintiff-Appellee.

Before HENRY, Chief Judge, SEYMOUR and GORSUCH, Circuit Judges.

SEYMOUR, Circuit Judge.

This is an appeal from the district court's determination that it lacked subject matter jurisdiction to grant Trans Pacific Oil Corp.'s (Trans Pacific) motion to enjoin Northern Natural Gas Co. (Northern) from proceeding before the Federal Energy Regulatory Commission (FERC). We have jurisdiction pursuant to 28 U.S.C. §§ 1291, 1292(a)(1), and we affirm.

I.

This case has a complicated history. Northern is a natural...

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