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RIO GRANDE ROYALTY CO. v. ENERGY TRANSFER PARTNERS

No. 09-20607.

620 F.3d 465 (2010)

RIO GRANDE ROYALTY COMPANY, INC., on behalf of itself and all others similarly situated, Plaintiff-Appellant, v. ENERGY TRANSFER PARTNERS, L.P.; Energy Transfer Co.; ETC Marketing, Ltd.; Houston Pipeline Company, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

September 15, 2010.

Attorney(s) appearing for the Case

Bernard Persky (argued) , Labaton Sucharow, L.L.P., New York City, for Plaintiff-Appellant.

Charles W. Schwartz (argued) , Skadden, Arps, Slate, Meagher & Flom, L.L.P., Houston, TX, John Nowell Estes, III , William Scott Scherman , Steven C. Sunshine , Skadden, Arps, Slate, Meagher & Flom, L.L.P., Washington, DC, for Defendants-Appellees.

Before JONES, Chief Judge, and HIGGINBOTHAM and ELROD, Circuit Judges.

EDITH H. JONES, Chief Judge:

Rio Grande Royalty Company, Inc., contends that defendants Energy Transfer Partners, L.P., Energy Transfer Company, ETC Marketing, Ltd., and Houston Pipeline Company committed common law fraud by truthfully reporting natural gas transactions that, because of the defendants' alleged monopolization of the Houston spot market, served to lower prices artificially on long-term contracts. As a result of the alleged misrepresentations, the defendants...

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