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PARAGON RESOURCES, INC. v. NATIONAL FUEL GAS DISTRIBUTION CORP.

No. 85-4530.

797 F.2d 264 (1986)

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

United States Court of Appeals, Fifth Circuit.

August 20, 1986.

Attorney(s) appearing for the Case

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

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

Before GARWOOD and HILL, Circuit Judges, and WILL, Senior District Judge.

WILL, Senior District Judge:

Defendant-appellant, National Fuel Gas Distribution Corp. ("National") appeals from a declaratory judgment in favor of plaintiff-appellee, Paragon Resources, Inc. ("Paragon"). This is the third time this court has reviewed the controversy between the parties and the second time it has reviewed the District Court's declaratory judgment rulings.

In 1981, this case, along with a companion case both originally filed in 1978, was tried...

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