Koch Industries, Inc., Cross-Appellant v. Sun Company, Inc., Cross-Appellees, and Champlin Refining & Chemicals, Inc., Defendant-Cross-Appellee

EDITH H. JONES, Circuit Judge:

In two disputes stemming from its purchase of an oil refinery in Corpus Christi, Texas, Koch Industries, Inc., (“Koch”) sued Sun Company, Inc., and affiliated entities (“Sun”) and Champlin Petroleum Company and affiliated entities (“Champlin”), invoking the diversity jurisdiction of the federal courts. Koch sought damages from Sun for breach of contract, specifically for Sun’s refusal properly to “fund” a pension plan that was transferred as part of Koch’s acquisition of Sun’s refinery. Koch also sought contract damages from Sun and specific performance from both…