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TX BRINE COMPANY, LLC & OCCIDENTAL CHEMICAL CORP.

Nos. 17-6075, 17-6076.

879 F.3d 1224 (2018)

TEXAS BRINE COMPANY, LLC, Defendant-Appellant, and OCCIDENTAL CHEMICAL CORPORATION, Defendant-Appellee. Frontier International Group, LLC, Witness. Texas Brine Company, LLC, Defendant, and Occidental Chemical Corporation, Defendant-Appellee. Frontier International Group, LLC, Witness-Appellant.

United States Court of Appeals, Tenth Circuit.

Filed January 19, 2018.

Attorney(s) appearing for the Case

Martha Y. Curtis , Sher Garner Cahill Richter Klein & Hilbert, LLC, New Orleans, Louisiana ( James M. Garner , Peter L. Hilbert, Jr. , Kevin M. McGlone , Sher Garner Cahill Richter Klein & Hilbert, LLC, New Orleans, Louisiana, and Gerald L. Hilsher , Julia A. Palmer , McAfee & Taft, APC, Tulsa, Oklahoma, on the briefs), for Defendant-Appellant.

Jeremy K. Beecher ( Bethany W. Kristovich with him on the briefs), Munger, Tolles & Olsen LLP, Los Angeles, California, for Defendant-Appellee.

Geren T. Steiner ( Anton J. Rupert with him on the briefs), Rupert & Steiner, PLLC, Oklahoma City, Oklahoma, for Witness-Appellant.

Before LUCERO, BALDOCK, and HARTZ, Circuit Judges.

I.

Defendant Texas Brine Company, LLC (Texas Brine) operates brine wells on land owned by Co-Defendant Occidental Chemical Corporation (Oxy) in Louisiana. In August 2012, a sinkhole appeared near one of these wells. After the sinkhole appeared, Texas Brine began clean-up efforts. To manage this crisis, Texas Brine...

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