Legal Opinion

Superior Oil Co. v. Western Slope Gas Co.

District Court, D. Colorado

Decided May 18, 1982No. Civ. A. 76-F-869, 77-F-388PublishedCited by 11 opinions

1Opinion of the Court

MEMORANDUM OPINION AND ORDER

SHERMAN G. FINESILVER, Chief Judge:

This matter is before the court on cross-motions for summary judgment concerning the validity of a two-party “favored nations” clause 1 in an intrastate gas purchase agreement. These motions raise the question of whether this clause is violative of public policy. For the reasons set forth herein, we hold that the favored nations clause contained in the parties’ Gas Purchase Agreement is valid and grant partial summary judgment in favor of Plaintiffs.

BACKGROUND

For the purpose of these motions, we have consolidated two separate…

2Cases cited19 opinions

  1. Permian Basin Area Rate CasesSupreme Court of the United States · 1968
  2. Baltimore & Ohio Southwestern Railway Co. v. VoigtSupreme Court of the United States · 1900
  3. Federal Power Commission v. Texaco Inc.Supreme Court of the United States · 1964
  4. Pennzoil Company v. Federal Energy Regulatory CommissionCourt of Appeals for the Fifth Circuit · 1981
  5. Braniff v. Jackson Ave.-Gretna Ferry, Inc.Court of Appeals for the Fifth Circuit · 1960

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3Cited by11 opinions

  1. Stanley v. Creighton Co.Colorado Court of Appeals · 1996
  2. Broomfield Senior Living Owner, LLC v. R.G. Brinkmann CoColorado Court of Appeals · 2017
  3. Arline v. American Family Mutual Insurance CoColorado Court of Appeals · 2018
  4. Superior Oil Co. v. Western Slope Gas Co.Court of Appeals for the Tenth Circuit · 1985
  5. Theriot v. Colorado Ass'n of Soil Conservation Districts Medical Benefit PlanDistrict Court, D. Colorado · 1999

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