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REO INDUSTRIES v. NATURAL GAS PIPELINE CO.

No. 90-1660.

932 F.2d 447 (1991)

REO INDUSTRIES, INC., Plaintiff-Appellant, v. NATURAL GAS PIPELINE COMPANY OF AMERICA, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

June 3, 1991.

Attorney(s) appearing for the Case

Marshall Searcy, Sam Dalton, Locke, Purnell, Rain & Harrell, Dallas, Tex., Jody G. Sheets, Culton, Morgan, Britain & White, Amarillo, Tex., for plaintiff-appellant.

Dennis M. Dylewski, Mark A. Bukaty, Daniel R. Cabianca, Calvin, Dylewski, Gibbs, Maddox & Verner, Houston, Tex., Jerome Mrowca, Asst. Gen. Counsel, MidCon Corp., Lobard, Ill., for defendant-appellee.

Before BROWN, SMITH, and WEINER, Circuit Judges.

JOHN R. BROWN, Circuit Judge:

REO Industries appeals from summary judgment for Natural Gas Pipeline (NGPL) in this action for declaratory judgment and damages for the alleged breach of an operating agreement. REO complains that NGPL has breached the agreement governing rights to produce oil and gas by interfering with its right to produce gas. Federal jurisdiction is based on diversity, and Texas law is applied. The dispute centers on the interpretation of the contract...

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