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EL PASO MARKETING, L.P. v. WOLF HOLLOW I

No. 11-0059.

383 S.W.3d 138 (2012)

EL PASO MARKETING, L.P. and Enterprise Texas Pipeline LLC, Petitioner, v. WOLF HOLLOW I, L.P., Respondent.

Supreme Court of Texas.

Decided June 15, 2012.

Rehearing Denied December 14, 2012.

Attorney(s) appearing for the Case

Caroline C. Scahdle , D. Mitchell McFarland , Kerry R. McEniry , Harrison Bettis Staff McFarland & Weems, LLP, Houston, TX, for Petitioner El Paso Marketing, L.P.

Jacks C. Nickens , Solace Kirkland Southwick , McGuireWoods LLP, Jett Williams III , Henke Law Firm LLP, Houston, TX, for Wolf Hollow I, L.P.

Michael Hendryx , Suzanne Reddell Chauvin , Fernando De Leon Jr. , Strong Pipkin Bissell & Ledyard LLP, S. Shawn Stephens , Baker & Hostetler, LLP, Houston, TX, for Petitioner Enterprise Texas Pipeline, L.L.C.

Frank T. Messina , Germer Gertz, L.L.P., Beaumont, TX, for Amicus Curiae Texas Association of Defense Counsel.

Chauncey Marcus Lane , Duggins Wren Mann & Romero LLP, Austin, TX, for Amicus Curiae Texas Pipeline Association.

Justice HECHT delivered the opinion of the Court.

The owner of a gas-fired electric power generating plant sued the owner of the pipeline that supplies fuel to the plant for negligence in allowing interruptions in service and in delivering gas below contractual quality standards. The pipeline owner contends that the suit sounds in contract, not in tort. We agree and thus reverse the court of appeals' judgment.1 We also consider whether...

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