ASHLAND OIL AND REFINING CO. v. CITIES SERVICE GAS CO.

No. 71-1500.

462 F.2d 204 (1972)

ASHLAND OIL AND REFINING COMPANY, Plaintiff-Appellant, v. CITIES SERVICE GAS COMPANY, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

June 21, 1972.


Attorney(s) appearing for the Case

Gerald Sawatzky, Wichita, Kan., and L. E. Stringer, Oklahoma City, Okl. (Arloe W. Mayne, Ashland, Ky., and J. M. O'Loughlin, Meadville, Pa., Crowe, Dunlevy, Thweatt, Swinford, Johnson & Burdick, Oklahoma City, Okl., and Foulston, Siefkin, Powers & Eberhardt, Wichita, Kan., of counsel, on the brief), for plaintiff-appellant.

Daniel R. Hopkins, Oklahoma City, Okl., and Mark H. Adams, II, Wichita, Kan. (Mark H. Adams of Adams, Jones, Robinson & Malone, Wichita, Kan., Chartered, on the brief), for defendant-appellee.

Before CLARK, Associate Justice, and HILL and DOYLE, Circuit Judges.


WILLIAM E. DOYLE, Circuit Judge.

Plaintiff-appellant instituted this diversity action in the District Court for the District of Kansas seeking damages against appellee, Cities Service Gas Company, for alleged breach of contract. The suit is based on a contract in which Ashland, as a successor in interest to United Producing Company, was obligated to sell most of the natural gas which it produced in the Hugoton field in Kansas to Cities Service Gas Company, an interstate...

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