KANSAS PETROLEUM v. COLORADO INTERSTATE GAS

Civ. A. No. 88-2148-0.

710 F.Supp. 758 (1989)

KANSAS PETROLEUM, INC., et al., Plaintiffs, v. COLORADO INTERSTATE GAS COMPANY, Defendant.

United States District Court, D. Kansas.

March 30, 1989.


Attorney(s) appearing for the Case

Richard C. Byrd, James G. Flaherty, Anderson, Byrd & Richeson, Ottawa, Kan., for plaintiffs.

Charles A. Getto, McAnany, Van Cleave & Phillips, P.A., Kansas City, Kan., Michael L. Williams, Colorado Interstate Gas Co., Colorado Springs, Colo., for defendant.


MEMORANDUM AND ORDER

EARL E. O'CONNER, Chief Judge.

This matter is before the court on defendant's motion for partial summary judgment on three issues involving the construction of contracts between the parties. Briefly stated, the issues are as follows: (1) are plaintiffs entitled to recover alleged underpayments occurring before February, 1987, under contracts 131, 322, 718; (2) is defendant excused under the contracts from making certain take-or-pay deficiency...

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