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AMOCO PRODUCTION CO. v. WESTERN SLOPE GAS CO.

No. 82-1581.

754 F.2d 303 (1985)

AMOCO PRODUCTION COMPANY, a Delaware corporation, Plaintiff-Appellant, v. WESTERN SLOPE GAS COMPANY, a Colorado corporation, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

Rehearing Denied May 6, 1985.

Attorney(s) appearing for the Case

Robert J. Kapelke of Gorsuch, Kirgis, Campbell, Walker & Grover, Denver, Colo. (Charles W. McDermott and Lawrence P. Terrell of Gorsuch, Kirgis, Campbell, Walker & Grover, and R.H. Landt, Denver, Colo., with him on brief), for plaintiff-appellant.

James R. McCotter, Denver, Colo. (Marla S. Petrini, Denver, Colo., with him on brief) of Kelly, Stansfield & O'Donnell, Denver, Colo., for defendant-appellee.

Before HOLLOWAY, BARRETT, and SEYMOUR, Circuit Judges.

SEYMOUR, Circuit Judge.

Amoco Production Company brought this diversity action against Western Slope Gas Company alleging breach of a contract to sell natural gas. Amoco claims that the terms of the contract entitle it to a price increase for its intrastate gas equal to the maximum price allowable for newly discovered gas under sections 102 and 105 of the Natural Gas Policy Act of 1978, 15 U.S.C. §§ 3312, 3315 (1982), even though most of the gas is not new...

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