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KAISER-FRANCIS OIL CO. v. PRODUCER'S GAS CO.

No. 86-2382.

870 F.2d 563 (1989)

KAISER-FRANCIS OIL COMPANY, a Delaware Corporation, Plaintiff-Appellee, v. PRODUCER'S GAS COMPANY, a Texas Corporation, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

March 8, 1989.

Attorney(s) appearing for the Case

J. Michael Medina (Bruce M. Daniel with him on the brief and Holliman, Langholz, Runnels & Dorwart, of counsel), Tulsa, Okl., for plaintiff-appellee.

Richard E. Miller of Robertson & Miller, Dallas, Tex. (Craig W. Hoster of Baker, Hoster, McSpadden, Clark, Rasure & Slicker, Tulsa, Okl., with him on the brief), for defendant-appellant.

Before ANDERSON, BALDOCK and EBEL, Circuit Judges.

BALDOCK, Circuit Judge.

Appellee and seller, Kaiser-Francis Oil Co. (Kaiser-Francis), sought to enforce the provisions of two similar gas purchase contracts (the "Ellis" and "Cronin" contracts) against appellant and buyer, Producer's Gas Co. (PGC). Under the contracts, PGC was required to take or pay for certain minimum quantities of gas from wells in which Kaiser-Francis had a percentage interest. When the resale price for natural gas declined, PGC did not pay Kaiser...

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