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OLIVER v. TRUNKLINE GAS CO.

No. 85-2323.

789 F.2d 341 (1986)

Fred OLIVER, et al., Plaintiffs-Appellees, Cross-Appellants, v. TRUNKLINE GAS COMPANY, Defendant-Appellant, Cross-Appellee.

United States Court of Appeals, Fifth Circuit.

May 12, 1986.

Attorney(s) appearing for the Case

John D. White, Betty Taylor Tauber, Houston, Tex., for defendant-appellant, cross-appellee.

Michael Paul Graham, George F. Goolsby, Houston, Tex., for plaintiffs-appellees, cross-appellants.

Before WISDOM, RUBIN, and HIGGINBOTHAM, Circuit Judges.

PATRICK E. HIGGINBOTHAM, Circuit Judge:

I

In January 1972, the parties entered into a contract under which the defendant Trunkline was to purchase the plaintiff producers' natural gas at the maximum rate allowed by law. Under the applicable federal law, the maximum prices that may be charged for gas that is sent out of state differ depending on whether the gas was dedicated to interstate commerce before or after January 1, 1973. At the time the contract...

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