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AIR PRODUCTS AND CHEMICALS v. LOUISIANA LAND

Nos. 85-3999, 86-3018.

806 F.2d 1524 (1986)

AIR PRODUCTS AND CHEMICALS, INC., Plaintiff-Appellee, v. The LOUISIANA LAND AND EXPLORATION COMPANY, Defendant-Appellant. The LOUISIANA LAND AND EXPLORATION COMPANY, Plaintiff-Appellant, v. AIR PRODUCTS AND CHEMICALS, INC., Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

December 31, 1986.

Attorney(s) appearing for the Case

Peter J. Winders, Carlton, Fields, Ward, Emmanuel, Smith & Cutler, P.A., Tampa, Fla., for defendant-appellant.

Robert P. Gaines, Beggs & Lane, Pensacola, Fla., for defendant-appellee.

Before RONEY, Chief Judge, GODBOLD, Circuit Judge, and ATKINS, Senior District Judge.

ATKINS, Senior District Judge:

The Louisiana Land and Exploration Company ("LL & E") appeals from an order granting Air Products and Chemicals, Inc.'s ("Air Products") motion for summary judgment in a declaratory judgment action involving consolidated cases. This court must resolve two issues on appeal. First, we must determine whether LL & E can apply the substitute fuel index retroactively, pursuant to the terms of the contract with Air Products, to the...

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