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TEXAS EASTERN TRANSMISSION CORP. v. AMERADA HESS CORP.

No. 97-31037.

145 F.3d 737 (1998)

TEXAS EASTERN TRANSMISSION CORPORATION, Plaintiff-Appellee, v. AMERADA HESS CORPORATION, Defendant-Appellant. AMERADA HESS CORPORATION, Plaintiff-Appellant, v. TEXAS EASTERN TRANSMISSION CORPORATION, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

July 7, 1998.

Attorney(s) appearing for the Case

John Mason McCollam, C. Peck Hayne, Jr., Scott Allen O'Connor, Jason A.T. Jumonville, Gordon, Arata, McCollam & Duplantis, New Orleans, LA, for Texas Eastern Transmission Corporation, Plaintiff-Appellee.

John M. Wilson, Michael David Rubenstein, Liskow & Lewis, New Orleans, LA, Michael M. Wilson, R. Michael Peterson, Lance Charles Arney, Bristow, Hackerman, Wilson & Peterson, Houston, TX, for Amerada Hess Corporation, Defendant-Appellant.

Before HIGGINBOTHAM, PARKER and DENNIS, Circuit Judges.

PATRICK E. HIGGINBOTHAM, Circuit Judge:

Amerada Hess Corp. appeals a summary judgment in favor of Texas Eastern Transmission Corp. This case requires us to interpret a gas substitution clause in a "take or pay," gas purchase contract. Reading the contract as a whole, the district court concluded that the contract restricts the quantity of gas substituted from another lease to the amount of gas produced from the lease-holds...

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