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MISS. POWER & LIGHT CO. v. UNITED GAS PIPE LINE

No. 75-2316.

532 F.2d 412 (1976)

MISSISSIPPI POWER & LIGHT COMPANY, Plaintiff-Appellant v. UNITED GAS PIPE LINE COMPANY et al., Defendants-Appellees, State of Mississippi, Plaintiff-Intervenor.

United States Court of Appeals, Fifth Circuit.

May 27, 1976.

Attorney(s) appearing for the Case

Sherwood W. Wise, Joseph P. Wise, Jackson, Miss., Clayton L. Orn, Houston, Tex., for plaintiff-appellant.

W. DeVier Pierson, Peter J. Levin, Washington, D. C., E. L. Brunini, Jackson, Miss., for United Gas, etc.

Perry O. Barber, Jr., Alvin M. Owsley, Jr., Houston, Tex., Joe H. Daniel, Jackson, Miss., for Pennzoil Co.

Giles W. Bryant, Sp. Asst. Atty. Gen., Marshall G. Bennett, Jackson, Miss., for State of Mississippi.

Before THORNBERRY, COLEMAN and MORGAN, Circuit Judges.

LEWIS R. MORGAN, Circuit Judge:

This appeal involves another facet of the problems created by the national energy shortage. Specifically, this litigation was commenced by Mississippi Power and Light Co. (MP&L) for breach of contract against one of the major natural gas pipeline companies, United Gas Pipeline Co. (United) and its former parent, Pennzoil Co. Alleging failure to supply the amounts of gas provided by the contract and basing its action solely on state...

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