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FARMLAND INDUS., INC. v. KANSAS-NEBRASKA NAT. GAS CO., INC.

Nos. 72-1775, 72-1779.

486 F.2d 315 (1973)

FARMLAND INDUSTRIES, INC., Appellant and Cross-Appellee, v. KANSAS-NEBRASKA NATURAL GAS COMPANY, INC., Appellee and Cross-Appellant.

United States Court of Appeals, Eighth Circuit.

Decided October 23, 1973.

Rehearing Denied November 20, 1973.

Attorney(s) appearing for the Case

Leonard O. Thomas, Kansas City, Kan., for Farmland.

Richard Jones, Wichita, Kan., for Kansas-Neb. Natl. Gas.

Before GIBSON and BRIGHT, Circuit Judges, and TALBOT SMITH, Senior District Judge.

BRIGHT, Circuit Judge.

Since the early 1960's, Farmland Industries, Inc. has produced anhydrous ammonia for use as fertilizer at its Hastings, Nebraska, plant, this manufacturing process requires natural gas both as a raw material, called firm or process gas, and also as fuel for its boilers, known as interruptible or fuel gas. The only source of natural gas in the region was and continues to be Kansas-Nebraska Natural Gas Co., Inc., and Farmland, accordingly, had...

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