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CALPINE PRODUCER SERVICES v. WISER OIL CO.

No. 05-04-01025-CV.

169 S.W.3d 783 (2005)

CALPINE PRODUCER SERVICES, L.P., Appellant v. The WISER OIL COMPANY, Appellee.

Court of Appeals of Texas, Dallas.

August 17, 2005.

Attorney(s) appearing for the Case

J. Robert Beatty and Cynthia Keely Timms, Locke, Liddell & Sapp, L.L.P., Dallas, for Appellant.

D. Ronald Reneker, John L. Thompson, Craddock, Reneker, Davis LLP, and Craig A. Haynes, Thompson & Knight, P.C., Dallas, for Appellee.

Before Justices WRIGHT, MOSELEY and LANG.

OPINION

Opinion by Justice LANG.

Calpine appeals a summary judgment awarding Wiser damages for natural gas purchased by Calpine under a "Gas Sales and Purchase Agreement." Pursuant to the agreement, Calpine purchased natural gas, "from time-to-time," from Wiser, the producer. Then, Calpine resold the natural gas. The trial court's decision assessing liability and damages was on consideration of cross motions for summary judgment, with many facts being stipulated...

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