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TENNESSEE GAS & TRANSMISSION CO. v. EL PASO NAT. GAS CO.

No. 12007.

166 F.2d 9 (1948)

TENNESSEE GAS & TRANSMISSION CO. v. EL PASO NATURAL GAS CO. et al.

Circuit Court of Appeals, Fifth Circuit.

February 20, 1948.

Attorney(s) appearing for the Case

Jno. P. Bullington, of Houston Tex., Eugene R. Smith, of El Paso, Tex., and Gillis A. Johnson of Fort Worth, Tex., for appellant.

Allen R. Gramling and J. F. Hulse, both of El Paso, Tex., James D. Porter, of Milwaukee, Wis., for appellees.

S. A. L. Morgan, of New York City, for intervener.

Before McCORD, WALLER, and LEE, Circuit Judges.

McCORD, Circuit Judge.

This suit was originally filed by the El Paso Natural Gas Company against A. O. Smith Corporation, for the purpose of obtaining a declaratory judgment construing a contract between the parties. The construing involved the purchase and sale of a supply of large diameter steel pipe, to be used in the construction of a pipe line for transporting natural gas from New Mexico to California. An injunction was also sought to prevent the Smith Corporation...

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