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HIGBY CRANE SERVICE, LLC v. NATIONAL HELIUM, LLC

No. 13-3001.

751 F.3d 1157 (2014)

HIGBY CRANE SERVICE, LLC; National Interstate Insurance Company, Plaintiffs-Appellees, v. NATIONAL HELIUM, LLC, a Delaware limited liability company; DCP Midstream, LP, a Delaware limited partnership, Defendants-Appellants.

United States Court of Appeals, Tenth Circuit.

May 13, 2014.

Attorney(s) appearing for the Case

Lee Thompson , Thompson Law Firm, LLC, Wichita, KS, for Defendants-Appellants.

Tracy A. Cole ( G. Andrew Marino with her on the brief), Gilliland & Hayes, LLC, Wichita, KS, for Plaintiffs-Appellees.

Before LUCERO, HARTZ, and GORSUCH, Circuit Judges.

HARTZ, Circuit Judge.

Plaintiff Higby Crane Service, LLC (Higby) entered into a Contract (the Contract) with Defendant DCP Midstream, LP (DCP)1 that covered crane work to be done at the gas processing plant of DCP's wholly owned subsidiary National Helium, LLC (we will refer to DCP and National Helium collectively as DCP). A fire negligently started by DCP damaged Higby's crane. The other Plaintiff, National Interstate Insurance Co. (National...

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