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DL RESOURCES, INC. v. FIRSTENERGY SOLUTIONS CORP.

No. 05-1855.

506 F.3d 209 (2007)

DL RESOURCES, INC. v. FIRSTENERGY SOLUTIONS CORP., Appellant.

United States Court of Appeals, Third Circuit.

Filed: October 16, 2007.

Attorney(s) appearing for the Case

Richard W. Hosking, Esq., (Argued), Gerard J. Schirato, Esq., Melissa J. Tea, Esq., Kilpatrick & Lockhart Nicholson Graham LLP, Henry W. Oliver, Pittsburgh, PA, for Appellant.

Thomas T. Frampton, Esq., (Argued), Mandi L. Scott, Esq., Stacy F. Vernallis, Esq., Goehring, Rutter & Boehm, Pittsburgh, PA, for Appellee.

Before: SCIRICA, Chief Judge, FUENTES, and CHAGARES, Circuit Judges.

OPINION OF THE COURT

CHAGARES, Circuit Judge.

This dispute arises out of a contract for the purchase of natural gas. When the seller, appellee DL Resources, Inc. (DL Resources), was unable to supply the volume of natural gas to the buyer, appellant FirstEnergy Solutions Corporation (FirstEnergy), to which FirstEnergy believed it was contractually entitled, FirstEnergy withheld payments to DL Resources to offset the costs it incurred by having to purchase...

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