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NORTHERN NATURAL GAS CO. v. HUGOTON PLAINS GAS & OIL CO.

187 A.2d 432 (1963)

NORTHERN NATURAL GAS COMPANY, a corporation, Plaintiff, v. HUGOTON PLAINS GAS AND OIL COMPANY, a corporation, Defendant.

Superior Court of Delaware, New Castle.

January 9, 1963.

Attorney(s) appearing for the Case

Howard L. Williams, and Henry N. Herndon, Jr., (of Morris, James, Hitchens & Williams) Wilmington, and of counsel; Lawrence I. Shaw, Omaha, Neb., for the plaintiff.

James M. Tunnell, Jr., and Andrew B. Kirkpatrick, Jr., and Richard H. Allen, (of Morris, Nichols, Arsht & Tunnell) Wilmington, and of counsel; Horace D. Ballaine (of Conner, Winters, Randolph & Ballaine) Tulsa, Okl., for the defendant.

CHRISTIE, Judge.

Northern Natural Gas Company (Northern) seeks by this action to recover overpayments it says it made for gas purchased from defendant Hugoton Plains Gas and Oil Company (Hugoton Plains). The causes of action asserted by plaintiff are based upon a refund contract alleged to have been entered into by Harris Trust & Savings Bank of Chicago, Illinois (Harris) as agent for Hugoton, and alternatively upon the...

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