NATURAL GAS PIPELINE CO. OF AMERICA v. HARRINGTON

Civ. A. No. 2070.

139 F.Supp. 452 (1956)

NATURAL GAS PIPELINE COMPANY OF AMERICA, a corporation, Plaintiff, v. D. D. HARRINGTON et al., Defendants.

United States District Court N. D. Texas, Amarillo Division.

March 9, 1956.


Attorney(s) appearing for the Case

Clarence H. Ross, Ross & O'Keefe, Chicago, Ill., Warren T. Spies, Charles C. McDogald, Ross & O'Keefe, Chicago, Ill., D. H. Culton, Amarillo, Tex., Culton, Morgan, Britain & White, Amarillo, Tex., for plaintiff.

Hugh L. Umphres, Jr., Amarillo, Tex., David T. Searls, Gene M. Woodfin, Houston, Tex., Umphres & Umphres, Amarillo, Tex., Vinson, Elkins, Weems & Searls, Houston, Tex., for defendants.


ESTES, District Judge.

Plaintiff seeks restitution for the difference in its contract rate for the purchase of gas and the price paid under an invalid minimum rate order of the Oklahoma Corporation Commission. Plaintiff has moved for summary judgment.

The uncontroverted facts in this case are as follows:

Defendants and others under the firm name of Harrington and Marsh, called "Sellers", being the owners of mineral leases covering 78,000 acres of land...

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