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BP CHEMICALS, INC. v. AEP TEXAS CENT. CO.

No. 13-05-534-CV.

198 S.W.3d 449 (2006)

BP CHEMICALS, INC., Appellant, v. AEP TEXAS CENTRAL COMPANY formerly known as Central Power and Light Company, Appellee.

Court of Appeals of Texas, Corpus Christi-Edinburg.

August 3, 2006.

Attorney(s) appearing for the Case

Hayden Burns, Thomas A. Zabel, Burns, Wooley, Marseglia & Zabel, LLP, Justin Whitley, Houston, for appellant.

Robert C. Lesesne, Kenneth C. Raney, Dallas, G. Don Schauer, Schauer, Simank & Ledbetter, Corpus Christi, for appellee.

Before Chief Justice VALDEZ and Justices YAÑEZ and CASTILLO.

OPINION

Opinion by Justice CASTILLO.

Appellant, BP Chemicals, Inc. ("BP"), appeals from the trial court order denying its motion for summary judgment and granting the motion for summary judgment of appellee, AEP Texas Central Company ("AEP"), formerly known as Central Power and Light Company ("CP & L"). We affirm.

I. Background

BP operates a co-generation facility known as the Green...

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