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WESTERN NATURAL GAS CO. v. CITIES SERVICE GAS CO.

201 A.2d 164 (1964)

WESTERN NATURAL GAS COMPANY, Appellant, v. CITIES SERVICE GAS COMPANY, Appellee.

Supreme Court of Delaware.

May 21, 1964.

Attorney(s) appearing for the Case

Clair J. Killoran and Courtney H. Cummings, Jr., of Killoran & Van Brunt, Wilmington, and Hogan & Hartson, Washington, D. C., and John C. Dawson, of Liddell, Austin, Dawson & Sapp, Houston, Tex., and J. Colin Lizotte, of Enright & Lizotte, Milford, N. H., for appellant.

Howard L. Williams and Henry N. Herndon, Jr., of Morris, James, Hitchens & Williams, Wilmington, and C. C. Mount and Charles V. Wheeler, Oklahoma City, Okl., for appellee.

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

CAREY, Justice (for a majority of the court):

The defendant below has appealed from an order of the Superior Court granting summary judgment to the appellee. Cities Service Gas Company (Cities) operates an interstate pipe line company and Western Natural Gas Company (Western) is a producer of natural gas. The action was brought to recover alleged overpayments for natural gas purchased by Cities from Western from January 1...

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