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KOCH INDUSTRIES, INC. v. UNITED GAS PIPE LINE CO.

Civ. A. No. 86-274-B.

700 F.Supp. 865 (1988)

KOCH INDUSTRIES, INC. v. UNITED GAS PIPE LINE COMPANY.

United States District Court, M.D. Louisiana.

November 22, 1988.

Attorney(s) appearing for the Case

James L. Ellis, Taylor, Porter Brooks & Phillips, Baton Rouge, La., William E. Shull, Wichita, Kan., Alan D. Hallock, for plaintiff.

DeVier Pierson, James M. Costan, Pierson, Semmes U Finley, H. Bruce Golden, Adrian L. Steel, Jr., Mayer, Brown & Platt, Ernest L. Edwards, B. Richard Moore, Jr., Lemle, Kelleher, Kohlmeyer, Dennery, Hunley, Moss & Frilot, New Orleans, La., for defendant.

RULING ON PLAINTIFF'S MOTION FOR PARTIAL SUMMARY JUDGMENT

POLOZOLA, District Judge.

Koch Industries, Inc. ("Koch") filed this suit against United Gas Pipeline Company ("United") seeking a declaratory judgment and enforcement of the parties' take-or-pay agreements. Defendant filed an answer to the complaint which asserted several defenses. Plaintiff has now moved for partial summary judgment as to the fourth and fifth defenses. For the reasons which follow...

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