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LONE STAR GAS CO. v. EFP CORP.

No. 00-0601.

92 S.W.3d 417 (2001)

LONE STAR GAS COMPANY, Petitioner, v. EFP CORPORATION, Respondent.

Supreme Court of Texas.

December 20, 2001.

Attorney(s) appearing for the Case

Randall C. Grasso, Palmer Allen & McTaggart, Dallas, for petitioner.

Daniel C. Bitting, Derek Tod Gilliland, Scott Douglass & McConnico, Austin, Ron Butler, Marlin, for respondent.

PER CURIAM.

EFP Corporation operates a plastic molding manufacturing plant using natural gas purchased from Lone Star Gas Company. From November 3, 1993 to March 5, 1995, EFP was a commercial customer paying rates set by Lone Star's franchise with the City of Marlin, where EFP's plant is located. Since March 6, 1995, EFP has purchased gas under an industrial contract with Lone Star. In August 1997, Lone Star discovered that it had been charging EFP for only about...

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