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U.S. GYPSUM CO. v. INDIANA GAS CO., INC.

No. 03-1905.

350 F.3d 623 (2003)

UNITED STATES GYPSUM COMPANY, Plaintiff-Appellant, v. INDIANA GAS COMPANY, INCORPORATED, and ProLiance Energy LLC, Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided November 24, 2003.

Attorney(s) appearing for the Case

Peter M. King, Canel, Davis & King, Chicago, IL, Todd A. Richardson (argued), Lewis & Kappes, Indianapolis, IN, for Plaintiff-Appellant.

Stanley C. Fickle (argued), Barnes & Thornburg, Indianapolis, IN, for Indiana Gas Co.

Wayne C. Turner (argued), McTurnan & Turner, Indianapolis, IN, for ProLiance Energy.

Before EASTERBROOK, ROVNER, and EVANS, Circuit Judges.

EASTERBROOK, Circuit Judge.

Indiana Gas Co. and Citizens Gas & Coke, two utilities that supply natural gas to customers in Indiana, formed a joint venture (called ProLiance Energy) to manage the contracts by which they purchase gas and transportation services from the interstate pipelines that pass through that state. United States Gypsum (USG) purchases substantial quantities of gas for use in manufacturing; it buys gas at the wellhead and deals directly with...

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