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KANSAS POWER & LIGHT CO. v. HUGOTON PRODUCTION CO.

No. 5713.

251 F.2d 946 (1958)

The KANSAS POWER & LIGHT COMPANY, Appellant, v. HUGOTON PRODUCTION COMPANY, Appellee.

United States Court of Appeals Tenth Circuit.

January 28, 1958.

Attorney(s) appearing for the Case

Willard N. Van Slyck, Jr., Topeka, Kan. (Clayton E. Kline, James L. Grimes, Jr., of Doran, Kline, Cosgrove & Russell, Topeka, Kan., with him on the brief), for appellant.

Douglas Gleason, Ottawa, Kan., and G. R. Redding, Indianapolis, Ind. (A. M. Gavit, Indianapolis, Ind., Gleason & Gleason, Ottawa, Kan., and Baker & Daniels, Indianapolis, Ind., with them on the brief), for appellee.

Before BRATTON, Chief Judge, PICKETT, Circuit Judge, and RICE, District Judge.

PICKETT, Circuit Judge.

Hugoton Production Company brought this action to recover alleged underpayments for natural gas delivered to The Kansas Power and Light Company under the terms of an existing contract.1 The dispute arose over the method of computing the number of British Thermal Units contained in the gas delivered. A British Thermal Unit, generally known as a "BTU", is defined as the amount of heat required to raise the temperature...

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