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UNITED FUEL GAS CO. v. COLUMBIAN FUEL CORPORATION

Nos. 5661, 5662.

165 F.2d 746 (1948)

UNITED FUEL GAS CO. v. COLUMBIAN FUEL CORPORATION. SAME v. UNITED CARBON CO.

Circuit Court of Appeals, Fourth Circuit.

January 5, 1948.

Attorney(s) appearing for the Case

Charles C. Wise and Bernard J. Pettigrew, both of Charleston, W. Va. (Stanley E. Dadisman, of Charleston, W. Va., on the brief), for appellant.

Arthur B. Hodges and Osman E. Swartz, both of Charleston, W.Va., for appellees.

Before PARKER and DOBIE, Circuit Judges and COLEMAN, District Judge.

PARKER, Circuit Judge.

This is an appeal in two cases involving the same questions and heard together below. The appellant, defendant below in both cases, is the United Fuel Gas Company, successor to the Warfield Natural Gas Company, with which plaintiffs, or corporations to whose rights they have succeeded, have contracts calling for the delivery of their entire production of fuel gas from certain properties. These contracts provide that the price to be paid for...

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