E. & J. Gallo v. Encana Corporation

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

E. & J. GALLO WINERY, 

Plaintiff-Appellee, v. No. 05-17352 ENCANA CORPORATION, formerly known as PANCANADIAN ENERGY  D.C. No.

CV-03-05412-AWI

CORPORATION; WD ENERGY

OPINION

SERVICES INC., formerly known as

ENCANA ENERGY SERVICES,

Defendants-Appellants.  Appeal from the United States District Court for the Eastern District of California Anthony W. Ishii, District Judge, Presiding

Argued and Submitted February 13, 2007—San Francisco, California

Filed September 19, 2007

Before: Betty B. Fletcher, Richard R. Clifton, and Sandra S. Ikuta, Circuit Judges.

Opinion by Judge Ikuta

12523 E. & J. GALLO WINERY v. ENCANA CORP. 12527

COUNSEL

Richard P. Levy, David A. Battaglia, James P. Fogelman, Julian W. Poon and J. Christopher Jennings, Gibson, Dunn & Crutcher, LLP, Los Angeles, California, for defendant- appellant EnCana Corporation formerly known as Pan- Canadian Energy Corporation; WD Energy Services, Inc., for- merly known as EnCana Energy Services.

Joseph W. Cotchett, Frank M. Pitre, Steven N. Williams, and Barbara L. Lyons,…