Recently, in a case of first impression at the appellate level, the U.S. Court of Appeals for the Tenth Circuit ruled in Grynberg v. Kinder Morgan Energy Partners that the citizenship of a master limited partnership is to be determined by looking to the citizenship of each unitholder.
The case involved a suit against Kinder Morgan Energy Partners (KMEP) and Kinder Morgan CO2 Co. (KMCO2), two affiliates of Houston-based Kinder Morgan, which is the largest energy infrastructure company in North America. Celeste C. Grynberg—individually and as trustee on behalf of the Rachel Susan Trust, Stephen Mark Trust and Miriam Zela Trust—and Jack J. Grynberg petitioned the U.S. District Court for the District of Colorado to vacate an arbitration award that had been entered against them and in favor of the two Kinder Morgan entities, according to the case background set out in the opinion handed down by the Tenth Circuit on Nov. 2, 2015.
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