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DAY v. TENNECO, INC.

Civ. A. No. J85-1101(B).

696 F.Supp. 233 (1988)

Clarence DAY, Day Oil, Ltd. and Day Exploration, Inc., Plaintiffs, v. TENNECO, INC. and Tennessee Gas Pipeline Company, a Division of Tenneco, Inc., Defendants.

United States District Court, S.D. Mississippi, Jackson Division.

September 2, 1988.

Attorney(s) appearing for the Case

Martha W. Gerald, Walker L. Watters, Si M. Bondurant, Alan Cameron, Jackson, Miss., for plaintiffs.

Ernest G. Taylor, Jr., Kathryn H. Hester, C. York Craig, Jr., Jackson, Miss., for defendants.

AMENDED MEMORANDUM OPINION AND ORDER

BARBOUR, District Judge.

Clarence Day requests the entry of a partial summary judgment establishing the liability of Tenneco, Inc. and Tennessee Gas Pipeline Company (Tennessee)1 for breach of seven gas purchase agreements. Tennessee admits that the contracts are in force and that the contracts contain take-or-pay clauses; however, Tennessee raises several affirmative defenses to payment....

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