SEECO, INC. v. K.T. ROCK, LLC

No. 14-12-00357-CV.

416 S.W.3d 664 (2013)

SEECO, INC. and Southwestern Energy Company, Appellants v. K.T. ROCK, LLC, Appellee.

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

Rehearing Overruled October 17, 2013.


Attorney(s) appearing for the Case

Jeff Weems , D. Mitchell McFarland , Stephan D. Selinidis , Mark Deaton , Harrison, Bettis, Staff, McFarland & Weems L.L.P., Houston, for Appellants.

Terry D. Kernell , Houston, C. Michael Moore , Dallas, for Appellee.

Panel consists of Justices CHRISTOPHER, JAMISON, and McCALLY.


OPINION

SHARON McCALLY, Justice.

SEECO, Inc. entered into a three-year purchase agreement (the "Contract") with K.T. Rock, LLC for the purpose of buying crushed rock primarily for its gas well development operations in central Arkansas. SEECO bought substantially less rock from K.T. than anticipated during the first two years of the Contract.

Shortly into the third year of the Contract, K.T. sued SEECO and Southwestern Energy Company, SEECO's parent...

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