Wagner & Brown v. Anr Pipeline Company

CLARK, Chief Judge:

Wagner & Brown appeals the district court’s dismissal of its action for damages for breach of a take-or-pay clause in a natural gas purchase contract. The district court did not abuse its discretion by deferring to the primary jurisdiction of the Federal Energy Regulatory Commission (FERC) for a determination of whether such take-or-pay issues affected the maximum lawful price of natural gas. The judgment appealed from is affirmed. However, to avoid possible prejudice to Wagner & Brown’s rights under the contract, we direct the district court to modify its order dismissing…