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CONOCOPHILLIPS v. WILLIAMS ALASKA PETROLEUM

Nos. S-14654, S-14674, S-14953.

322 P.3d 114 (2014)

CONOCOPHILLIPS ALASKA, INC., Appellant and Cross-Appellee, v. WILLIAMS ALASKA PETROLEUM, INC., Appellee and Cross-Appellant.

Supreme Court of Alaska.

Rehearing Denied April 4, 2014.

Attorney(s) appearing for the Case

Spencer C. Sneed and Katherine Demarest , Dorsey & Whitney, LLP, Anchorage, for Appellant/Cross-Appellee.

Paul L. Davis , K & L Gates, LLP, Anchorage, and Randolph L. Jones, Jr. , Conner & Winters, LLP, Dallas, Texas, for Appellee/Cross-Appellant.

Before: FABE, Chief Justice, WINFREE, STOWERS, MAASSEN, and BOLGER, Justices.

OPINION

FABE, Chief Justice.

I. INTRODUCTION

Williams Alaska Petroleum owned and operated a refinery, which ConocoPhillips Alaska supplied with crude oil pursuant to an Exchange Agreement. ConocoPhillips demanded that Williams tender a payment of $31 million as adequate assurances of Williams's ability to perform if an ongoing administrative rate-making process resulted in a large retroactive increase...

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