United States Tenth Circuit

In a suit brought by a ranch owner against a gas pipeline operator arising from an alleged pipeline leak and claiming trespass, nuisance, and unjust enrichment, summary judgment for defendant is reversed where the district court erred in concluding plaintiff's federal claims were precluded by the doctrines of claim and issue preclusion due to a defense it raised in related state litigation brought by defendant, and plaintiff's claims were not barred by Oklahoma's compulsory counterclaim statute.

Appellate Information

• Decided 08/08/2007
• Published 08/09/2007

Judges

• O'BRIEN, Circuit Judge., Before HARTZ, EBEL and O'BRIEN, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellant:
  
• Wes Johnston (Kenneth R. Johnston with him on the briefs) of Johnston & Associates, Chickasha, OK, for Plaintiffs-Appellants.


• For Appellees:
  
• Jayne Jarnigan Robertson of Jayne Jarnigan Robertson, P.C. of Oklahoma City, OK, for Defendant-Appellee.