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ERGON-WEST VIRGINIA v. DYNEGY MARKETING & TRADE

No. 11-60492.

706 F.3d 419 (2013)

ERGON-WEST VIRGINIA, INCORPORATED, Plaintiff-Appellee, Ergon Refining, Incorporated, Plaintiff-Cross Appellant, v. DYNEGY MARKETING & TRADE, Defendant-Appellant Cross Appellee. Ergon Refining, Incorporated, Plaintiff-Cross Appellant, v. Dynegy Marketing & Trade, Defendant-Appellant Cross Appellee.

United States Court of Appeals, Fifth Circuit.

January 22, 2013.

Attorney(s) appearing for the Case

Cecil Maison Heidelberg, Esq. , Heidelberg Harmon, P.L.L.C., Ridgeland, MS, J. Kevin Watson, Esq. , Charles Stephen Stack, Jr., Esq. , Associate General Counsel, Watson & Jones, P.A., Jackson, MS, for Plaintiff-Appellee.

Russell Stanley Post , David Watkin Jones, Esq. , Beck, Redden & Secrest, L.L.P., Houston, TX, for Defendant-Appellant Cross-Appellee.

Before REAVLEY, DENNIS, and CLEMENT, Circuit Judges.

EDITH BROWN CLEMENT, Circuit Judge:

Appellant-Cross Appellee Dynegy Marketing and Trade ("Dynegy") and Cross Appellant Ergon Refining appeal the district court's holding that Dynegy had no contractual duty to Ergon Refining to attempt to secure replacement gas after declaring force majeure in response to hurricane damage, but did have such a duty to Ergon-West Virginia ("Ergon-WV") under a separate contract. For the reasons...

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