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BP AMERICA, INC. v. OKLAHOMA EX REL. EDMONDSON

No. 09-705.

613 F.3d 1029 (2010)

BP AMERICA, INC.; BP Corporation North America, Inc.; BP Products North America, Inc.; and BP America Production Company, Petitioners, v. State of OKLAHOMA, ex rel., W.A. Drew EDMONDSON, Attorney General of Oklahoma, Respondent.

United States Court of Appeals, Tenth Circuit.

July 29, 2010.

Attorney(s) appearing for the Case

David J. Zott, Kirkland & Ellis LLP, Chicago, IL (Andrew A. Kassof, Katheleen A. Ehrhart, and Matthew S. Buckley, Kirkland & Ellis LLP, Chicago, IL; and D. Kent Meyers and Miles Tolbert, Crowe & Dunlevy PC, Oklahoma City, OK, with him on the petition), for Petitioners.

William A. Isaacson, Boies, Schiller & Flexner LLP, Washington, D.C. (Brian K. Herrington, Herrington Law, PA, Jackson, MS; Thomas A. Bates and Jeremiah L. Streck, Assistant Attorneys General, Office of the Attorney General for the State of Oklahoma, Oklahoma City, OK; Henry A. Meyer, III, PLLC, Oklahoma City, OK; James F. Kelly, Brent Coon & Associates, St. Louis, MO; Carlos M. Sires, Boies, Schiller & Flexner LLP, Fort Lauderdale, FL; and Preston A. Trimble, Trimble Law Office, P.C., Norman, OK, with him on the response), for Respondent.

Before BRISCOE, Chief Judge, TACHA, and GORSUCH, Circuit Judges.

GORSUCH, Circuit Judge.

Drew Edmondson, the Attorney General of Oklahoma, sued the petitioners in this case (collectively "BP") in Oklahoma state court, alleging that they manipulated propane gas prices in violation of various provisions of the Oklahoma Consumer Protection Act. BP responded by removing the case to federal district court, arguing that it qualified for federal jurisdiction because it was a "mass action" under the Class Action Fairness Act of 2005 (...

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