Ergon-West Virginia, Inc. v. Dynegy Marketing & Trade

EDITH BROWN CLEMENT, Circuit Judge:

Appellant-Cross Appellee Dynegy Marketing and Trade (“Dynegy”) and Cross *422Appellant Ergon Refining appeal the district court’s holding that Dynegy had no contractual duty to Ergon Refining to attempt to secure replacement gas after declaring force majeure in response to hurricane damage, but did have such a duty to Ergon-West Virginia (“Ergon-WV”) under a separate contract. For the reasons provided below, we hold that neither contract required Dynegy to attempt to secure replacement gas during the force majeure period. We AFFIRM the district court’s ruling on…