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CHEVRON U.S.A., INC. v. BELCO PETROLEUM CORP.

No. 84-3410.

755 F.2d 1151 (1985)

CHEVRON U.S.A., INC., Plaintiff-Appellee, v. BELCO PETROLEUM CORPORATION, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearing and Rehearing Denied April 25, 1985.

Attorney(s) appearing for the Case

Gordon, Arata, McCollam, Stuart & Duplantis, Ewell E. Eagan, Jr., William T. D'Zurilla, New Orleans, La., for defendant-appellant.

Douglas A. Molony, Arthur P. Mitchell, Milling, Benson, Woodward, Hillyer, Pierson & Miller, H.H. Hillyer, Jr., M. Hampton Carver, New Orleans, La., for plaintiff-appellee.

Before THORNBERRY, REAVLEY, and HIGGINBOTHAM, Circuit Judges.

Rehearing and Rehearing En Banc Denied April 25, 1985.

PATRICK E. HIGGINBOTHAM, Circuit Judge:

Applying Louisiana law, the district court awarded Chevron U.S.A., Inc. over $600,000 for gas that Chevron was entitled to take from an offshore gas well under a gas balancing contract but did not take before the well went dry. The district court decided that the parties had failed to address the risk of lost production and implied a contract term to achieve an ...

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