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B & A PIPELINE CO. v. DORNEY

Nos. 89-2119, 89-2670.

904 F.2d 996 (1990)

The B & A PIPELINE CO., Plaintiff, v. Steve DORNEY, d/b/a SCD Production Co., Intervenor-Plaintiff-Appellant, v. ENSERCH CORPORATION, d/b/a Lone Star Gas Co., The B & A Pipeline Co., and Atlantic Richfield Co., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied August 14, 1990.

Attorney(s) appearing for the Case

Michael G. Carroll, Otis Carroll, Ireland, Carroll & Kelley, Tyler, Tex., for Steve Dorney.

Jack Pew, Jr., Jackson, Walker, Winstead, Cantrell & Miller, Dallas, Tex., for Enserch Corp.

Larry D. Carlson, Ronald L. Palmer, Baker & Botts, Dallas, Tex., Rex A. Nichols, Nichols, Bailey & Watson, Longview, Tex., for B & A Pipeline and Atlantic Richfield.

Before WISDOM, JOHNSON, and DUHÉ, Circuit Judges.

WISDOM, Circuit Judge:

I

We AFFIRM the district court's grant of summary judgment but REMAND the case for appropriate modification of the court's injunction.

II

An understanding of the case requires a detailed summation of the facts. On May 10, 1982 Henderson Clay Products (HCP) entered into a gas purchase contract with B & A Pipeline. B & A, an intrastate pipeline company in Texas, was wholly owned by HCP. The May 10 gas purchase...

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