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VIRGINIA POWER ENERGY MKTG. v. APACHE CORP.

No. 14-07-00787-CV.

297 S.W.3d 397 (2009)

VIRGINIA POWER ENERGY MARKETING, INC. and Dominion Resources, Inc., Appellants v. APACHE CORPORATION, Appellee.

Court of Appeals of Texas, Houston (14th Dist.).

August 6, 2009.

Attorney(s) appearing for the Case

Hancy Hahn Elliott, Eugene M. Nettles, Christopher W. Barnes, Houston, TX, Deborah G. Hankinson, Dallas, TX, J. Kevin Watson, Jackson, MS, for Appellants.

Roger D. Townsend, Katherine D. Mackillop, Thomas W. Peterson, Houston, TX, for Appellees.

Panel consists of Justices YATES, GUZMAN, and SULLIVAN.

OPINION

KENT C. SULLIVAN, Justice.

This business dispute involves the application and effect of force majeure provisions in a natural-gas supply contract between the seller, Apache Corporation, and Virginia Power Energy Marketing, Inc. ("VPEM"), the purchaser. The parties agreed that Apache was to deliver natural gas to VPEM at two specific locations in September and October of 2005. However, during that time period, Hurricanes Katrina and Rita struck...

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