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MISSISSIPPI POWER & LIGHT v. UNITED GAS PIPE LINE

No. 84-4220.

760 F.2d 618 (1985)

MISSISSIPPI POWER & LIGHT CO. & Mississippi Public Service Commission, Plaintiffs-Appellees, v. UNITED GAS PIPE LINE CO., Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

May 17, 1985.

Attorney(s) appearing for the Case

John R. Hutcherson, Brunini, Grantham, Grower & Hewes, Holmes S. Adams, R. David Kaufman, John E. Wade, Jr., Jackson, Miss., W. DeVier Pierson, Peter J. Levin, Washington, D.C., Larry J. Gunn, Houston, Tex., for defendant-appellant.

Joseph P. Wise, Wise, Carter, Child & Caraway, Thomas G. Lilly, David W. Clark, Jerry L. Patton, Benett Smith, Ms Public Service Comm., Jackson, Miss., Clayton L. Orn, Houston, Tex., for plaintiffs-appellees.

Before BROWN, WILLIAMS and GARWOOD, Circuit Judges.

JERRE S. WILLIAMS, Circuit Judge:

This diversity case was brought by Mississippi Power & Light Co. ("MP&L") and by plaintiff-intervenor, Mississippi Public Service Commission (the "Commission") against gas supplier United Gas Pipeline Company ("United") for breach of contract. The complaint charges United with violating the pricing provisions of a contract between MP&L and United dated December 8, 1967, and amended in 1969. MP&L sought to recover money...

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