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HELMERICH & PAYNE v. COLORADO INTERSTATE GAS CO.

187 A.2d 67 (1962)

HELMERICH & PAYNE, a Delaware corporation (formerly White Eagle Oil Co. a Delaware corporation), Appellant, v. COLORADO INTERSTATE GAS COMPANY, a Delaware corporation, Appellee.

Supreme Court of Delaware.

December 3, 1962.

Attorney(s) appearing for the Case

James M. Tunnell, Jr., and Andrew B. Kirkpatrick, Jr., of Morris, Nichols, Arsht & Tunnell, Wilmington, for appellant.

Howard L. Williams, and Henry N. Herndon, Jr., of Morris, James, Hitchens & Williams, Wilmington, for appellee.

SOUTHERLAND, C. J., and WOLCOTT and TERRY, JJ., sitting.

SOUTHERLAND, Chief Justice (for a majority of the Court).

In the court below Colorado Interstate Gas Company filed an action at law against Helmerich & Payne, Inc., to recover alleged overpayments for natural gas purchased by Colorado and paid for by Helmerich.

The pertinent facts are these:

Colorado is an interstate pipeline company; Helmerich is a producer of natural gas. In 1947 and 1948 they entered into three contracts for the purchase of...

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