PACKGEN v. BP EXPLORATION, INC.

No. 13-2035.

754 F.3d 61 (2014)

PACKGEN, Plaintiff, Appellant, v. BP EXPLORATION & Production, INC., and BP America Production Company, Defendants, Appellees.

United States Court of Appeals, First Circuit.

June 11, 2014.


Attorney(s) appearing for the Case

Michael R. Bosse , with whom Travis M. Brennan , George F. Burns , and Bernstein Shur were on brief, for Appellant.

Christina Briesacher , with whom David J. Volkin , Amy Cashore Mariani , Kirkland & Ellis LLP, and Fitzhugh & Mariani LLP were on brief, for Appellees.

Before THOMPSON, Circuit Judge, SOUTER, Associate Justice, and STAHL, Circuit Judge.


STAHL, Circuit Judge.

In the aftermath of the Deepwater Horizon oil spill of 2010, Appellant Packgen, a manufacturer of packaging products, sought to sell oil containment boom to Appellees BP Exploration & Production, Inc. and BP America Production Company (collectively, "BP"). Despite months of negotiations, BP ultimately decided not to purchase any boom from Packgen. Packgen subsequently filed a five-count complaint in the federal district court in Maine, invoking...

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