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DEVON ENERGY PRODUCTION v. MOSAIC POTASH CARLSBAD

No. 11-2026.

693 F.3d 1195 (2012)

DEVON ENERGY PRODUCTION COMPANY, L.P., Plaintiff-Appellant, v. MOSAIC POTASH CARLSBAD, INC., a Delaware Corporation, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

August 22, 2012.

Attorney(s) appearing for the Case

Harold L. Hensley, Jr. , Hinkle, Hensley, Shanor & Martin, LLP, Midland, TX, for Plaintiff-Appellant.

Charles C. High, Jr. , Kemp Smith LLP ( Clara B. Burns and Jose A. Howard-Gonzalez , Kemp Smith LLP, with him on the brief), El Paso, TX, for Defendant-Appellee.

Before O'BRIEN, GILMAN and HOLMES, Circuit Judges.

HOLMES, Circuit Judge.

Plaintiff-Appellant Devon Energy Production Company, L.P. ("Devon"), an oil and gas production company, appeals from the judgment of the United States District Court for the District of New Mexico, which dismissed Devon's declaratory-judgment action against Defendant-Appellee Mosaic Potash Carlsbad, Inc. ("Mosaic"), a potash mining company,1 for lack of subject-matter jurisdiction. More specifically, under Federal...

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