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OLINKRAFT, INC. v. GERARD

No. 13658.

364 So.2d 639 (1978)

OLINKRAFT, INC., Plaintiff-Appellee, v. Charles H. Coster GERARD, Defendant-Appellant.

Court of Appeal of Louisiana, Second Circuit.

October 30, 1978.

Attorney(s) appearing for the Case

Shotwell, Brown & Sperry by Burt W. Sperry and George Wear, Jr., Monroe, for plaintiff-appellee.

Bodenheimer, Jones, Klotz & Simmons by David B. Klotz, Shreveport, for defendant-appellant.

Before BOLIN, HALL and JONES, JJ.

JONES, Judge.

Defendant, Charles H. Gerard, appeals a judgment rendered in this declaratory judgment proceedings which (1) denied the cancellation, insofar as it was applicable to gas produced from Section 35, of a Gas Sale and Purchase Contract between Franks Petroleum, Inc. and Olinkraft, Inc. (2) denied him an increase in the price of the gas above that provided for in the Franks-Olin contract and (3) denied payment for all gas not taken, based upon deliverability...

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