Legal Opinion

Oliver S. Brown v. Phillips Petroleum Company, Etc., Mobil Oil Corporation, Ashland Oil, Inc.

Court of Appeals for the Tenth Circuit

Decided March 2, 1988No. 85-1788, 85-1789, 85-1892 and 85-1912PublishedCited by 174 opinions

1Opinion of the Court

TACHA, Circuit Judge.

This case arises out of a complex series of cases that has been in litigation since the early 1960s. The underlying cases involve generally the ownership and valuation of helium extracted by National Helium Corporation and sold to the federal government from 1963 to 1973. The only issues on appeal and cross-appeal in this case are (1) whether the trial court abused its discretion in awarding attorneys’ fees on the basis of a percentage of a common fund, and (2) whether Ashland Oil is precluded from recovering a share of the common fund because of a prior holding of this…

2Cases cited16 opinions

  1. Hensley v. EckerhartSupreme Court of the United States · 1983
  2. Blum v. StensonSupreme Court of the United States · 1984
  3. Johnson v. Georgia Highway Express, Inc.Court of Appeals for the Fifth Circuit · 1974
  4. F. D. Rich Co. v. United States Ex Rel. Industrial Lumber Co.Supreme Court of the United States · 1974
  5. Trustees v. GreenoughSupreme Court of the United States · 1882

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3Cited by174 opinions

  1. Goldberger v. Integrated Resources, Inc.Court of Appeals for the Second Circuit · 2000
  2. In Re Washington Public Power Supply System Securities Litigation. Class Chemical Bank, in Its Representative Capacity as Trustee for Bondholders, and Bernstein, Litowitz, Berger & Grossman Milberg, Weiss, Bershad, Specthrie & Lerach Molloy, Jones & Donahue, P.C. v. City of Seattle Oregon Public Entities, Benton Rural Electric Association, Washington Washington Public Power Supply System R.W. Beck and Associates Ebasco Services Incorporated United Engineers & Constructors, Inc. Director Participants' Committee Public Utility District No. 1, of Klickitat County United States of America, on Behalf of Itself and Its Agency, the Bonneville Power Administration State of Washington Bonneville Power Administration, Class and Lawrence Laub v. Continental Assurance Company v. City of Seattle Oregon Public Entities, Benton Rural Electric Association, Washington Washington Public Power Supply System R.W. Beck and Associates Ebasco Services Incorporated United Engineers & Constructors, Inc. Director Participants' Committee Public Utility District No. 1, of Klickitat County United States of America, on Behalf of Itself and Its Agency, the Bonneville Power Administration State of Washington Bonneville Power Administration, Class and Continental Assurance Company v. Berger & Montague, P.A. v. City of Seattle Oregon Public Entities, Benton Rural Electric Association, Washington Washington Public Power Supply System R.W. Beck and Associates Ebasco Services Incorporated United Engineers & Constructors, Inc. Director Participants' Committee Public Utility District No. 1, of Klickitat County United States of America, on Behalf of Itself and Its Agency, the Bonneville Power Administration State of Washington Bonneville Power AdministrationCourt of Appeals for the Ninth Circuit · 1994
  3. Paul, Johnson, Alston & Hunt v. GraultyCourt of Appeals for the Ninth Circuit · 1989
  4. Starrett v. WadleyCourt of Appeals for the Tenth Circuit · 1989
  5. Van Vranken v. Atlantic Richfield Co.District Court, N.D. California · 1995

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