Legal Opinion
High Plains Natural Gas Company v. Warren Petroleum Company, a Division of Gulf Oil Corporation
Court of Appeals for the Tenth Circuit
Decided May 19, 1989No. 87-2466PublishedCited by 23 opinions
1Opinion of the Court
BRORBY, Circuit Judge.
High Plains Natural Gas Company (High Plains), the buyer, filed suit for damages against Warren Petroleum Company (Warren), the seller, alleging Warren’s failure to deliver marketable natural gas breached implied warranties of merchantability and fitness for a particular purpose and violated the Texas Deceptive Trade Practices Act (DTPA). Warren moved for summary judgment asserting the remedies sought by High Plains could not be awarded as a matter of law because the contract limits the remedies for breach of contract to rejection of the natural gas or termination of the…
2Cases cited29 opinions
- Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
- Erie Railroad v. TompkinsSupreme Court of the United States · 1938
- Melody Home Manufacturing Co. v. BarnesTexas Supreme Court · 1987
- David W. CAREY, Plaintiff-Appellant, v. UNITED STATES POSTAL SERVICE, Defendant-AppelleeCourt of Appeals for the Tenth Circuit · 1987
- McCrea v. Cubilla Condominium Corp. N.V., Texas Court of Appeals, 1st District (Houston)1985
24 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- Schrock v. Wyeth, Inc.Court of Appeals for the Tenth Circuit · 2013
- Berneike v. CitiMortgage, Inc.Court of Appeals for the Tenth Circuit · 2013
- Fletcher v. Don Foss of Cleveland, Inc.Ohio Court of Appeals · 1993
- Phillips Petroleum Co. v. LujanCourt of Appeals for the Tenth Circuit · 1992
- Philippi v. Sipapu, Inc.Court of Appeals for the Tenth Circuit · 1992
18 more not listed; retrieve them via the Exa API.