BHP Petroleum Co., Inc. v. Millard

OPINION

HIGHTOWER, Justice.

In this original proceeding, Relator BHP Petroleum Company, Inc. (BHP) seeks a writ of mandamus directing the trial judge to grant its motion for nonsuit and dismiss the entire proceeding including ANR Pipeline Company, Inc.’s counterclaim. We deny the writ of mandamus.

BHP is a producer and seller of natural gas. ANR Pipeline Company, Inc. (ANR), the real party in interest, is engaged in the purchasing, transporting and selling of natural gas. BHP and ANR entered into a gas purchase contract in 1984; however, due to market conditions ANR requested relief from some of…