Energy Oils, Inc. v. The Montana Power Company

626 F.2d 731 6 Fed. R. Evid. Serv. 1256 ENERGY OILS, INC., a Texas Corporation, General Crude Oil Company, a Delaware Corporation, Rainbow Resources, Inc., a Wyoming Corporation, Erving Wolf, William E. Andrau, Helene B. Wolfe, and Barbara A. Powell, Plaintiffs-Appellants, v. The MONTANA POWER COMPANY, Defendant-Appellee. No. 78-1066. United States Court of Appeals, Ninth Circuit. Argued and Submitted May 19, 1980. Decided Aug. 29, 1980. 1 Morris R. Massey, Brown, Drew, Apostolos, Massey & Sullivan, Casper, Wyo., for plaintiffs-appellants. 2 Kendrick Smith, Corette, Smith & Dean, Butte, Mont., for defendant-appellee. 3 Appeal from the United States District Court for the District of Montana, Billings Division. 4 Before CHOY and FERGUSON, Circuit Judges, and BARTELS, * District Judge. BARTELS, District Judge: 5 This is an appeal in a diversity action by Energy Oils, Inc., et al. ("Energy" or "appellants") from a judgment in favor of the defendant, The Montana Power Company ("Montana") entered in the United States District Court for the District of Montana (Battin, J.) after a trial without a jury. At issue for review are the construction and interpretation of two agreements…