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AEP ENERGY SERVICES GAS HOLDING v. BANK OF AMERICA

Docket Nos. 08-4196-cv (L), 08-4671-cv (XAP).

626 F.3d 699 (2010)

AEP ENERGY SERVICES GAS HOLDING COMPANY, Houston Pipe Line Company LP, HPL Resources Company LP, Plaintiffs-Counter-Defendants-Appellants-Cross-Appellees, v. BANK OF AMERICA, N.A., as Administrative Agent, as Master Swap Counterparty, as Secured Party, and as Purchaser, The Bank of New York, as Trustee of the Bammel Gas Trust, Defendants-Counterclaimants-Appellees-Cross-Appellants.

United States Court of Appeals, Second Circuit.

Decided: October 29, 2010.

Attorney(s) appearing for the Case

Ira M. Feinberg , Hogan & Hartson, LLP ( Jenny Rubin Robertson , Toby W. Smith , of counsel; David Dunn , Frank T. Spano , on the briefs) New York, N.Y., for Plaintiffs-Counter-Defendants-Appellants-Cross-Appellees.

Aaron Rubinstein , Kaye Scholer LLP ( Robert Grass , W. Stewart Wallace , Lee M. Cortes, Jr. , of counsel; Margot B. Schonholtz , Jeffrey A. Fuisz , on the briefs), New York, N.Y., for Defendants-Counterclaimants-Appellees-Cross-Appellants.

Before: JACOBS, Chief Judge, SACK and LYNCH, Circuit Judges.

SACK, Circuit Judge:

This action stems from a dispute over the rights to natural gas stored in the Bammel Gas Storage Facility, an underground gas reservoir located in Texas. The plaintiffs, AEP Energy Services Gas Holding Company ("AEP"), Houston Pipe Line Company LP ("HPL"), and HPL Resources Company LP ("HPLR") (hereinafter sometimes collectively the "plaintiffs") entered into a complex series of transactions with Enron...

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