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M.D. MARK, INC. v. KERR-McGEE CORP.

Nos. 08-1040, 08-1047, 08-1236.

565 F.3d 753 (2009)

M.D. MARK, INC., Plaintiff-Appellee-Cross-Appellant, v. KERR-McGEE CORPORATION; Oryx Energy Company, Defendants-Appellants-Cross-Appellees.

United States Court of Appeals, Tenth Circuit.

May 11, 2009.

Attorney(s) appearing for the Case

Marie R. Yeates of Vinson & Elkins L.L.P., Houston, TX, (Penelope E. Nicholson, Gwendolyn J. Samora, Abigail W. Giraud, Robert R. Russell of Vinson & Elkins L.L.P., Houston, TX; Scott S. Barker, Marcy G. Glenn, Gregory E. Goldberg, M. Antonio Gallegos of Holland & Hart LLP, Denver, CO, with her on the briefs), for Defendants-Appellants-Cross-Appellees.

Bradley A. Levin of Roberts Levin Rosenberg PC, Denver, CO, (Thomas L. Roberts of Roberts Levin Rosenberg PC; Harlan P. Pelz, Susan F. Fisher, Kieran A. Lasater, of Fairfield and Woods, P.C., Denver, CO; Daniele W. Bonifazi of Bonifazi & Associates, LLC, Centennial, CO, with him on the briefs), for Plaintiff-Appellee-Cross-Appellant.

Before BRISCOE, SEYMOUR, and LUCERO, Circuit Judges.

BRISCOE, Circuit Judge.

Plaintiff M.D. Mark, Inc. (Mark) filed this action alleging that defendants Kerr-McGee Corporation (Kerr-McGee) and Oryx Energy Company breached the terms of seismic data license agreements and also misappropriated seismic data owned by Mark. Mark prevailed on its claims at trial and was awarded $25,266,381.00 in compensatory damages. Kerr-McGee now appeals, attacking each aspect of the jury's liability...

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