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PARAGON RESOURCES v. NAT. FUEL GAS DISTRIBUTION

No. 82-4424.

723 F.2d 419 (1984)

PARAGON RESOURCES, INC., Plaintiff-Appellee, v. NATIONAL FUEL GAS DISTRIBUTION CORPORATION, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

January 23, 1984.

Attorney(s) appearing for the Case

Phillips, Lytle, Hitchcock, Blaine & Huber, Buffalo, N.Y., Heino H. Prahl, Cook, Yancey, King & Galloway, F. Drake Lee, Jr., Shreveport, La., for defendant-appellant.

Blanchard, Walker, O'Quin & Roberts, Shreveport, La., William Timothy Allen, III, Kavinoky, Cook, Sandler, Gardner, Wisbaum & Lipman, Allan R. Lipman, Buffalo, N.Y., for plaintiff-appellee.

Before REAVLEY, RANDALL, and HIGGINBOTHAM, Circuit Judges.

PATRICK E. HIGGINBOTHAM, Circuit Judge:

In this Louisiana diversity case defendant National Fuel Gas Distribution Corporation, a public utility operating in Western New York, appeals from a declaratory judgment in favor of plaintiff Paragon Resources, Inc., a gas production company with wells drilled in Chautauqua County, New York. The district court construed Paragon's waiver of its "take or pay" rights in a natural gas...

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