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BACKUS v. PANHANDLE EASTERN PIPE LINE CO.

No. 76-1301.

558 F.2d 1373 (1977)

R. L. BACKUS, Appellee, v. PANHANDLE EASTERN PIPE LINE COMPANY, a Foreign Corporation, Appellant.

United States Court of Appeals, Tenth Circuit.

Decided June 30, 1977.

Attorney(s) appearing for the Case

James A. Kirk, Oklahoma City, Okl. (James P. Linn, Linn, Helms, Kirk & Burkett, Oklahoma City, Okl., on the briefs), for appellee.

Coleman Hayes, Oklahoma City, Okl. (William L. Robertson, Associate Gen. Atty., on the briefs), for appellant.

Before LEWIS, Chief Judge, BREITENSTEIN and DOYLE, Circuit Judges.

BREITENSTEIN, Circuit Judge.

This is a suit by an Oklahoma farmer to compel an interstate pipeline to furnish him gas for the operation of irrigation pumps and to recover damages for failure to deliver gas. The district court granted judgment for the plaintiff on the ground that an Oklahoma statute required that the gas be furnished. The pipeline appeals. We reverse.

Plaintiff-appellee Backus owns and farms the SW¼ of section 30 and NW¼ of section...

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