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WAGNER & BROWN v. ANR PIPELINE CO.

No. 87-2500.

837 F.2d 199 (1988)

WAGNER & BROWN, Plaintiff-Appellant, v. ANR PIPELINE COMPANY, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied March 14, 1988.

Attorney(s) appearing for the Case

Andrew Wooley, Everard A. Marseglia, Jr., Houston, Tex., for plaintiff-appellant.

B. Thomas Cook, Robert C. Williams, Houston, Tex., for defendant-appellee.

Before CLARK, Chief Judge, JOLLY and JONES, Circuit Judges.

CLARK, Chief Judge:

Wagner & Brown appeals the district court's dismissal of its action for damages for breach of a take-or-pay clause in a natural gas purchase contract. The district court did not abuse its discretion by deferring to the primary jurisdiction of the Federal Energy Regulatory Commission (FERC) for a determination of whether such take-or-pay issues affected the maximum lawful price of natural gas. The judgment appealed from is affirmed. However...

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