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POGO PRODUCING CO. v. UNITED GAS PIPE LINE

No. CA-6048.

504 So.2d 634 (1987)

POGO PRODUCING COMPANY v. UNITED GAS PIPE LINE COMPANY.

Court of Appeal of Louisiana, Fourth Circuit.

Rehearing Denied April 15, 1987.

Attorney(s) appearing for the Case

Camp, Carmouche, Barsh, Gray, Hoffman & Gill, A.J. Gray, III, Donald B. Ensenat, W. Joe Mize, George W. Reese, Edward M. Carmouche and Anna R. Merrill, New Orleans, Pierson Semmes and Finley, W. Devier Pierson, James M. Costan and Richard A. Yarney, Washington, D.C., and Mayer, Brown & Platt, H. Bruce Golden, Adrian L. Steel, Jr., William H. Knull, III and C. Thomas Biddle, Houston, Tex., for United Gas Pipe Line Co., defendant-appellant.

Paul G. Van Wagenen and Curt L. Warnock, Houston, Tex., and David R. Richardson, Galen S. Brown, Margaret E. Woodward, Robert E. Arceneaux and Gail Nick Wise, Barham & Churchill, New Orleans, for Pogo Producing Co., plaintiff-appellee.

Before GARRISON and BYRNES, JJ., and HUFFT, J. Pro Tem.

BYRNES, Judge.

This is an appeal from a judgment which granted a preliminary injunction and ordered appellant United Gas Pipeline Company (United) to take the minimum quantity of gas specified in certain "take or pay" gas purchase contracts it entered into with appellee Pogo Producing Company (Pogo). We reverse and remand the case to the District Court.

Between 1974 & 1979, Pogo entered into three contracts with United relative to the purchase of natural...

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