SHELL OIL COMPANY v. TEXAS GAS TRANSMISSION CORP.

No. 1355.

176 So.2d 692 (1964)

SHELL OIL COMPANY v. TEXAS GAS TRANSMISSION CORPORATION.

Court of Appeal of Louisiana, Fourth Circuit.

On Rehearing June 7, 1965.

Rehearing Denied July 15, 1965.


Attorney(s) appearing for the Case

George C. Schoenberger, Jr., Joseph G. Hebert, New Orleans, for plaintiff-appellant.

Jones, Walker, Waechter, Poitevent, Carrere & Denegre, J. Mort Walker, Jr., Donald P. Endom, New Orleans, and William E. Feldhaus, Owensboro, Ky., for defendant-appellee.

Before SAMUEL, TURNER and BARNETTE, JJ.


SAMUEL, Judge.

This is an appeal by plaintiff from a judgment sustaining defendant's exception of res judicata and collateral estoppel and dismissing plaintiff's suit. The exception was tried under a joint stipulation of facts.

Plaintiff sells gas to the defendant from a field in Cameron Parish under a contract containing a price escalation clause (commonly called a "favored nation" clause) providing that, in the event defendant should enter into a contract...

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