Court Greenlights Ranch's Suit Against Duke

Law360, New York (August 13, 2007, 12:00 AM EDT) -- Duke Energy Field Services Inc. was dealt a blow when a federal appeals court rejected the preclusion argument that had won it two summary judgments in its long-running pipeline permit dispute with an Oklahoma rancher, giving the ranch the go-ahead in its suit over a leaky line.

The Tenth Circuit handed down the opinion “most reluctantly” Wednesday. Penned by Judge Terrence L. O’Brien, it allowed Valley View Angrus Ranch Inc. to proceed with its federal suit against the natural gas behemoth.

“The district court improperly granted...
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