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FLINT HILLS RESOURCES LP v. JAG ENERGY, INC.

No. 08-20152.

559 F.3d 373 (2009)

FLINT HILLS RESOURCES LP, Plaintiff-Appellant, v. JAG ENERGY INC., Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

February 12, 2009.

Attorney(s) appearing for the Case

Jeffrey Scott Levinger (argued), Hankinson Levinger LLP, Dallas, TX, Dustin Brian Benham, Carrington, Coleman, Sloman & Blumenthal, Dallas, TX, Mark Allen White, Howrey LLP, Houston, TX, for Plaintiff-Appellant.

Marvin C. Moos (argued), James David Ebanks, Deanna Dean Smith, Ebanks Taylor Horne, LLP, Houston, TX, for Defendant-Appellee.

Before GARWOOD, GARZA and OWEN, Circuit Judges.

EMILIO M. GARZA, Circuit Judge:

In this contract case, Flint Hills Resources LP ("Flint Hills") appeals from the district court's judgment in favor of JAG Energy Inc. ("JAG"). The district court determined that Flint Hills breached the parties' contract by unreasonably suspending its own performance. For the following reasons, we reverse the district court and render judgment in favor of Flint Hills.

I

This dispute arose from a contract to supply...

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