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HIGH PLAINS NATURAL GAS CO. v. WARREN PETROLEUM CO.

No. 87-2466.

875 F.2d 284 (1989)

HIGH PLAINS NATURAL GAS COMPANY, Plaintiff-Appellant, v. WARREN PETROLEUM COMPANY, A DIVISION OF GULF OIL CORPORATION, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

May 19, 1989.

Attorney(s) appearing for the Case

Barry Bishop of Clark, Thomas, Winters & Newton, Austin, Tex. (James H. Russell, Jr. of Valdez, Russell, Read & Rivera, Santa Fe, N.M., with him on the briefs), for plaintiff-appellant.

Bradford C. Berge of Campbell & Black, P.A., Santa Fe, N.M., for defendant-appellee.

Before ANDERSON, BRORBY and O'CONNOR.

BRORBY, Circuit Judge.

High Plains Natural Gas Company (High Plains), the buyer, filed suit for damages against Warren Petroleum Company (Warren), the seller, alleging Warren's failure to deliver marketable natural gas breached implied warranties of merchantability and fitness for a particular purpose and violated the Texas Deceptive Trade Practices Act (DTPA). Warren moved for summary judgment asserting the remedies sought by High Plains could not be awarded as a...

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