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TOTALENERGIES v. KINDER MORGAN PETCOKE

NO. 14-20-00661-CV.

658 S.W.3d 647 (2022)

TOTALENERGIES PETROCHEMICALS & REFINING USA, INC. fka Total Petrochemicals & Refining USA, Inc. and ACE Property & Casualty Insurance Co., Appellants/Cross-Appellees, v. KINDER MORGAN PETCOKE, LP and Kinder Morgan Petcoke GP LLC, Appellees/Cross-Appellants.

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

Opinion filed September 15, 2022.

Attorney(s) appearing for the Case

Thomas R. Phillips , Michael Cotton , Austin, James M. Bettis Jr. , D. Mitchell McFarland , Justin Ratley , Houston, Caroline Schadle , for Appellee.

Jack G. Carnegie , Sarah Smith , Allison Griswold , Houston, Wallace B. Jefferson , Austin, Rachel A. Ekery , Houston, for Appellant.

Panel consists of Justices Jewell, Bourliot, and Poissant.

OPINION

Total Petrochemicals & Refining USA, Inc. and Kinder Morgan Petcoke, LP are parties to a contract under which Kinder Morgan performed petrochemical work at Total's refinery.1 The issues before us concern whether Kinder Morgan complied with contractual obligations to procure...

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