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HESS ENERGY, INC. v. LIGHTNING OIL CO., LTD.

No. 01-1582.

276 F.3d 646 (2002)

HESS ENERGY, INCORPORATED, Plaintiff-Appellant, v. LIGHTNING OIL COMPANY, LIMITED, Defendant-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided January 18, 2002.

Attorney(s) appearing for the Case

ARGUED: Daniel M. Joseph, Akin, Gump, Strauss, Hauer & Feld, L.L.P., Washington, D.C., for Appellant. Joseph E. Altomare, Titusville, Pennsylvania, for Appellee. ON BRIEF: Anthony T. Pierce, Michael L. Converse, Kelly M. Skoloda, Akin, Gump, Strauss, Hauer & Feld, L.L.P., Washington, D.C., for Appellant.

Before WILKINSON, Chief Judge, NIEMEYER, Circuit Judge, and Joseph R. GOODWIN, United States District Judge for the Southern District of West Virginia, sitting by designation.

Reversed and remanded by published opinion. Judge NIEMEYER wrote the opinion, in which Chief Judge WILKINSON and Judge GOODWIN joined.

OPINION

NIEMEYER, Circuit Judge.

Upon Hess Energy, Inc.'s complaint against Lightning Oil Company, Ltd., which demanded damages for breach of a natural gas supply contract, the district court granted summary judgment to Lightning. The court found that Hess Energy, by assigning...

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