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UNIVERSAL RESOURCES v. PANHANDLE EASTERN PIPE LINE

No. 86-1420.

821 F.2d 1097 (1987)

UNIVERSAL RESOURCES CORPORATION, Plaintiff-Appellee, Cross-Appellant, v. PANHANDLE EASTERN PIPE LINE COMPANY, Defendant-Appellant, Cross-Appellee.

United States Court of Appeals, Fifth Circuit.

July 17, 1987.

Attorney(s) appearing for the Case

Jacks C. Nickens, Houston, Tex., Michael Byrd, Akin, Gump, Strauss, Hauer & Field, Dallas, Tex., for defendant-appellants, cross-appellee.

Roy C. Cheatwood, Edward B. Poitevent, II, Nancy Scott Degan, New Orleans, La., for amicus Transcontinental — on rehearing.

B. Richard Moore, Jr., New Orleans, La., for amicus Southern Natural Gas — on rehearing.

John H. Cheatham, III, Edward B. Myers, Washington, D.C., for amicus Interstate Natural Gas Ass'n of America.

Dan S. Boyd, Dallas, Tex., for plaintiff-appellee, cross-appellant.

Before REAVLEY and RANDALL, Circuit Judges, and WOODWARD, District Judge.

ON PETITION FOR REHEARING AND SUGGESTION FOR REHEARING EN BANC

(Opinion March 31, 5 Cir., 1987, 813 F.2d 77)

PER CURIAM:

We decide only the issues presented by this case. The defenses mentioned in the footnote 4 of our opinion, for example, may be available to other buyers of gas under "take or pay" provisions, but the summary judgment record in this case will not support an issue on any of these defenses.

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