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C. F. BRAUN & CO. v. OKLAHOMA GAS & ELEC. CO.

No. 78-1409.

603 F.2d 132 (1979)

C. F. BRAUN & CO., a corporation, Plaintiff-Appellant, v. OKLAHOMA GAS & ELECTRIC CO., a corporation, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

Decided July 30, 1979.

Attorney(s) appearing for the Case

John R. Robertson, Jr., of George, Kenan, Robertson & Lindsey, Anthony F. Maguire, Oklahoma City, Okl. and Louis M. Wyckoff, of C. F. Braun & Co., Alhambra, Cal., for plaintiff-appellant.

James E. Kifer, Paul Walters, and J. O. Edwards, Jr., Oklahoma City, Okl., for defendant-appellee.

Before LEWIS, McWILLIAMS and McKAY, Circuit Judges.

LEWIS, Circuit Judge.

The dispute giving rise to this appeal centers around a pricing provision in a contract executed by the parties on October 30, 1970. The contract provides that the plaintiff, C. F. Braun & Co., will produce and sell natural gas from its wells to the defendant, Oklahoma Gas & Electric Co. Although the sale of gas from four of the wells covered by the contract is not subject to price regulation by the Federal Power Commission (hereinafter...

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