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EXXON CORP. v. CROSBY-MISSISSIPPI RESOURCES, LTD.

Nos. 93-7519, 93-7525.

40 F.3d 1474 (1995)

EXXON CORPORATION, Plaintiff-Appellee, Cross-Appellant, v. CROSBY-MISSISSIPPI RESOURCES, LTD., A Mississippi Limited Partnership, et al., Defendants-Appellants Cross-Appellees. CROSBY-MISSISSIPPI, Plaintiff-Appellant, v. FLORIDA GAS TRANSMISSION COMPANY and Citrus Marketing, Inc., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

January 3, 1995.

Attorney(s) appearing for the Case

Harold D. Miller, Jr., A. Camille Henick, Butler, Snow, O'Mara, Stevens & Cannada, Jackson, MS, for appellants in No. 93-7519.

Sam S. Thomas, E. Otis Johnson, Jr., Heidelberg & Woodliff, Jackson, MS, Thomas M. Keiffer, William R. Hurt, Exxon Corp., New Orleans, LA, for appellee in No. 93-7519.

Glenn Gates Taylor, C. Dale Shearer, Copeland, Cook, Taylor & Bush, Jackson, MS, James J. White, Professor, University of Mich., Ann Arbor, MI, for appellant in No. 93-7525.

Berry D. Bowen, Christopher W. Barnes, Houston, TX, William D. Hawkland, LSU Law Center, Baton Rouge, LA, for appellees in No. 93-7525.

Before POLITZ, Chief Judge, KING and DAVIS, Circuit Judges.

PER CURIAM:

I. FACTS AND PROCEDURAL HISTORY

Appeal No. 93-7519, involving a dispute between the parties to an operating agreement, and appeal No. 93-7525, involving a dispute between the parties to a gas-purchase contract, were consolidated on appeal because they both involve similar contractual provisions and the question of whether those provisions violate MISS.CODE ANN. § 15-1-5.

A. APPEAL No. 93-7519

On April 3, 1985, Exxon, as...

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