Ashland Oil, Inc. v. Phillips Petroleum Co.

MEMORANDUM OPINION

BOHANON, District Judge.

Introduction

(See also Findings Nos. 1-13)

Plaintiff Ashland seeks compensation for helium contained in the natural gas stream acquired from plaintiff by defendant Phillips, which was subsequently extracted and sold separately to the United States government. Originally tried in 1973, this case was remanded on appeal to retry controlling factual issues. In the first trial plaintiff and defendants’ legal theories and approaches were sufficiently divergent to prevent a joining of issues. Consequently, crucial factual considerations were never fully…