Oxy U.S.A., Inc. v. Seagull Natural Gas Company, F/k/a Liberty Natural Gas

JERRE S. WILLIAMS, Circuit Judge:

Appellant Seagull Natural Gas Company (“Seagull”) appeals the district court’s summary judgment in favor of Appellee OXY, U.S.A. (“OXY”). The district court found Seagull contractually liable to OXY for retroactive payments for tight sands gas delivered from January 1982 to April 1, 1983. Liability was premised on the permission granted in the contract in conjunction with 18 C.F.R. § 273.204 (1987).

Seagull asserts three bases for reversal of the district court’s summary judgment: (1) the contract in question did not permit retroactive collections; (2)…