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SECTOR REFINING, INC. v. ENTERPRISE REFINING CO.

No. 5-112.

771 F.2d 496 (1985)

SECTOR REFINING, INC., Defendant-Appellant, v. ENTERPRISE REFINING COMPANY, Plaintiff-Appellee.

Temporary Emergency Court of Appeals.

July 22, 1985.

Attorney(s) appearing for the Case

Marynell Maloney, Maloney & Maloney, San Antonio, Tex., was on brief for defendant-appellant.

Glenn W. Patterson, Jr., Green, Downey, Patterson & Schultz, Houston, Tex., was on brief for plaintiff-appellee.

Before HOFFMAN, THORNBERRY and SEAR, Judges.

MEMORANDUM DECISION

SEAR, Judge:

Enterprise Refining Company ("Refining") brought this action in Texas state court against Sector Refining Company ("Sector") to recover damages for Sector's failure to process Refining's crude oil into refined petroleum products in accordance with their contract. Sector plead as an affirmative defense that the contract violated certain regulations of the Department of Energy ("the DOE"). Sector also asserted a third-party...

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