02-1208o -- Adams v. Kinder-Morgan Inc. -- 08/29/2003

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UNITED STATES COURT OF APPEALS

TENTH CIRCUIT

JAMES E. ADAMS; STANLEY R. LAMB; ANTHONY VARTULI, on behalf of themselves and all others similarly situated,

Plaintiffs - Appellants,

KINDER-MORGAN, INC., formerly known as KN Energy Inc.; LARRY D. HALL; CLYDE E. MCKENZIE, II; RICHARD KINDER,

Defendants - Appellees.

No. 02-1208

(D.C. No. 00-N-516)

(D. Colo.)

ORDER DENYING PETITION FOR REHEARING

AND MODIFYING PRIOR OPINION

Before EBEL, Circuit Judge,McWILLIAMS, Senior Circuit Judge, and ARMIJO, District Judge.^(*)

The petition for rehearing in this case by appellees, Larry D. Hall and Clyde E. McKenzie, joined by appellee Kinder-Morgan, Inc., is DENIED.

However, the following sentence is added at the end of the III. CONCLUSION section of the opinion:

"We AFFIRM the dismissal, as to all defendants, of the claim pertaining to the Blue Moon transaction."

ENTERED FOR THE COURT

David M. Ebel

Circuit Judge

FOOTNOTES
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^*. The Honorable M. Christina Armijo, United States District Judge for the District of New Mexico, sitting by designation.

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