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SUPERIOR OIL CO. v. PIONEER CORP.

No. 82-1464.

706 F.2d 603 (1983)

SUPERIOR OIL CO., Plaintiff-Appellant, v. PIONEER CORPORATION, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied July 25, 1983.

Attorney(s) appearing for the Case

Leo J. Hoffman, Kenneth S. Beat, Dallas, Tex., Pat F. Timmons, Houston, Tex., for plaintiff-appellant.

Locke, Purnell, Boren, Laney & Neely, John L. Estes, Paul R. Spellman, Dallas, Tex., for defendant-appellee.

Before CLARK, Chief Judge, JOHNSON and HIGGINBOTHAM, Circuit Judges.

PATRICK E. HIGGINBOTHAM, Circuit Judge:

In this appeal we are asked to decide whether the exercise of an option to extend the term of a gas sales agreement is a "rollover contract" within the meaning of § 2(12) of the Natural Gas Policy Act, § 15 U.S.C. § 3301(12). Because we conclude that the district court was without subject-matter jurisdiction, we must decline the invitation. We vacate the judgment below and dismiss for want of jurisdiction.

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