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SUPERIOR OIL CO. v. WESTERN SLOPE GAS CO.

Civ. A. Nos. 76-F-869, 77-F-388.

549 F.Supp. 463 (1982)

The SUPERIOR OIL COMPANY, Plaintiff, v. WESTERN SLOPE GAS COMPANY, Defendant. CONTINENTAL OIL COMPANY, Plaintiff, v. WESTERN SLOPE GAS COMPANY, Defendant.

United States District Court, D. Colorado.

May 18, 1982.

Attorney(s) appearing for the Case

Robert C. Hawley, and Gretchen A. VanderWerf, Dechert, Price & Rhoads, Denver, Colo., for plaintiffs The Superior Oil Co. and Conoco, Inc.

Patrick F. Timmons, Houston, Tex., for plaintiff The Superior Oil Co.

Thomas Burton, and Joseph C. Johnson, Houston, Tex., for plaintiff Conoco, Inc.

James R. McCotter, Kelly, Stansfield & O'Donnell, Denver, Colo., for defendant Western Slope Gas Co.

Eugene C. Cavaliere, Asst. Atty. Gen., Denver, Colo., for amicus curiae Public Utilities Com'n of State of Colo.

Thomas M. Blume, and Thomas L. Barton, Denver, Colo., for amicus curiae Phillips Petroleum Co.

MEMORANDUM OPINION AND ORDER

SHERMAN G. FINESILVER, Chief Judge:

This matter is before the court on cross-motions for summary judgment concerning the validity of a two-party "favored nations" clause1 in an intrastate gas purchase agreement. These motions raise the question of whether this clause is violative of public policy. For the reasons set forth herein, we hold that the favored nations clause contained in the parties' Gas...

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