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McCULLOCH GAS TRAN. v. KANSAS-NEBRASKA NATURAL GAS

No. 82-2529.

768 F.2d 1199 (1985)

McCULLOCH GAS TRANSMISSION COMPANY, a Wyoming corporation, Plaintiff-Appellee, v. KANSAS-NEBRASKA NATURAL GAS COMPANY, a Kansas corporation, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

July 29, 1985.

Attorney(s) appearing for the Case

Robert L. Morris of Davis, Graham & Stubbs, Denver Colo. (Lawrence A. Yonkee and Tom C. Toner of Redle, Yonkee & Arney, Sheridan, Wyo., with him on briefs), for defendant-appellant.

Richard Barrett of Hathaway, Speight and Kunz, Cheyenne, Wyo. (Jack B. Speight of Hathaway, Speight and Kunz, Cheyenne, Wyo. and David L. Huard, Los Angeles, Cal., with him on brief), for plaintiff-appellee.

Before HOLLOWAY, Chief Judge, and McKAY, Circuit Judge, and RUSSELL, District Judge.

DAVID L. RUSSELL, District Judge.

This is an appeal from a trial to the court for breach of a gas purchase contract. Although the appellant sets forth three propositions of error, we find dispositive our affirmative answer to the following: did the trial court err in piercing the corporate veil of two wholly owned subsidiaries of the appellant.

The action below arose from the alleged breach of a "take or pay" clause in a gas purchase contract. In August, 1969...

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