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OXY U.S.A., INC. v. SEAGULL NATURAL GAS CO.

No. 91-1436.

949 F.2d 799 (1992)

OXY U.S.A., INC., Plaintiff-Appellee, v. SEAGULL NATURAL GAS COMPANY, f/k/a Liberty Natural Gas, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

January 3, 1992.

Attorney(s) appearing for the Case

Patricia F. Eldridge and J. Clifford Gunter, III, Bracewell & Patterson, Houston, Tex., for defendant-appellant.

Elizabeth D. Whitaker, Diane M. Sumoski, Jeffrey S. Levinger, James E. Coleman, Jr., Carrington, Coleman, Sloman & Blumenthal, Dallas, Tex. and Michael L. Pate, OXY, U.S.A., Inc., Tulsa, Okl., for plaintiff-appellee.

Before CLARK, Chief Judge, WILLIAMS and BARKSDALE, Circuit Judges.

JERRE S. WILLIAMS, Circuit Judge:

Appellant Seagull Natural Gas Company ("Seagull") appeals the district court's summary judgment in favor of Appellee OXY, U.S.A. ("OXY"). The district court found Seagull contractually liable to OXY for retroactive payments for tight sands gas delivered from January 1982 to April 1, 1983. Liability was premised on the permission granted in the contract in conjunction with 18 C.F.R. § 273.204 (1987).

Seagull asserts three...

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