SHELL OIL CO. v. CO2 COMMITTEE, INC.

No. 08-2281.

589 F.3d 1105 (2009)

SHELL OIL COMPANY; SWEPI L.P., f/k/a Shell Western E & P, Inc., Kinder Morgan CO Company, L.P., f/k/a Shell CO Company, Ltd., Mobile Producing Texas and New Mexico, Inc., Cortez Pipeline Company, Plaintiffs-Appellees, v. CO COMMITTEE, INC., Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

December 21, 2009.


Attorney(s) appearing for the Case

Submitted on the briefs:*

John M. Cogswell, Cogswell Law Offices, P.C., Buena Vista, CO, for Appellant.

Kent Sullivan, Matthew J. Salzman, and Brian E. Sobczyk, Stinson Morrison Hecker LLP, Kansas City, MO, for Appellee Cortez Pipeline Company; Mark Rodriguez and Gwen Samora, Vinson & Elkins, LLP, Houston, TX, and Andrew McCollam, III, McCollam Law Firm, PC, Houston, TX, for Appellees Shell Oil Company, Swepi LP, f/k/a Shell Western E & P, Inc., and Kinder Morgan CO2 Company, L.P., f/k/a Shell CO2 Company, Ltd.; Shannon Ratliff and Richard A. Fordyce, Ratliff Law Firm, PLLC, Austin, TX, and Bryan G. Eberle, Sherman & Howard, LLC, Denver, CO, for Appellee Mobil Producing Texas & New Mexico, Inc.

Before TACHA, HOLLOWAY, and MURPHY, Circuit Judges.


TACHA, Circuit Judge.

The sole issue presented in this appeal is whether the applicability of a res judicata defense based on a prior arbitration order should be resolved by (1) the arbitration panel that issued the prior order, or (2) a new arbitration panel chosen pursuant to the selection process outlined in the parties' arbitration agreement. We have jurisdiction under 28 U.S.C. § 1291, and because we conclude that the arbitration agreement provides that...

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