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

223 A.2d 379 (1966)

WESTERN NATURAL GAS COMPANY, Defendant Below, Appellant, v. CITIES SERVICE GAS COMPANY, Plaintiff Below, Appellee.

Supreme Court of Delaware.

Rehearing Denied November 1, 1966.

Attorney(s) appearing for the Case

Clair John Killoran and Courtney H. Cummings, Jr., of Killoran & VanBrunt, Wilmington (Lidden, Austin, Dawson & Sapp, Houston, Tex., of counsel), for appellant.

John J. Morris, Jr., Howard L. Williams, and Henry N. Herndon, Jr., of Morris, James, Hitchens & Williams, Wilmington (Charles V. Wheeler, Oklahoma City, Okl., of counsel), for appellee.

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

CAREY, Justice.

The sole issue presented in this appeal from the Superior Court is whether the undisputed evidence in the record justifies the holding that a contract existed between the parties whereby Western Natural Gas Company (Western) is obligated to repay Cities Service Gas Company (Cities) the amount of certain overpayments for natural gas.

Prior to the present appeal, the case was before us upon a different issue, i. e., whether Cities was entitled...

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