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DAVIDSON OIL CO. v. CITY OF ALBUQUERQUE

No. 23-2116.

108 F.4th 1226 (2024)

DAVIDSON OIL COMPANY, Plaintiff-Appellee. v. CITY OF ALBUQUERQUE, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

FILED July 19, 2024.

Attorney(s) appearing for the Case

Robert J. Desiderio, Sanchez, Mowrer & Desiderio, P.C., Albuquerque, New Mexico (Janette Angelica Duran, Sanchez, Mowrer & Desiderio, P.C., Albuquerque, New Mexico; Lauren Keefe and Devon King, Office of the City Attorney, Albuquerque, New Mexico, with him on the brief), for Defendant-Appellant.

Ross L. Crown, Lewis Roca Rothgerber Christie LLP, Albuquerque, New Mexico, for Plaintiff-Appellee.

Before McHUGH, MURPHY, and CARSON, Circuit Judges.

A buyer who signs a fixed-price requirements contract knows the market price for the commodity will fluctuate but the buyer's obligation will remain the same. If the market price rises, the fixed price will insulate the buyer from the market fluctuation. But if the commodity's market price falls, the buyer must honor its contract...

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