Amoco Production Company, a Delaware Corporation v. Western Slope Gas Company, a Colorado Corporation
Court of Appeals for the Tenth Circuit
1Opinion of the Court
SEYMOUR, Circuit Judge.
Amoco Production Company brought this diversity action against Western Slope Gas Company alleging breach of a contract to sell natural gas. Amoco claims that the terms of the contract entitle it to a price increase for its intrastate gas equal to the maximum price allowable for newly discovered gas under sections 102 and 105 of the Natural Gas Policy Act of 1978, 15 U.S.C. §§ 3312, 3315 (1982), even though most of the gas is not new gas within the meaning of the Act. The district court examined the circumstances surrounding the contract, concluded that the parties did…
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