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K N GAS SUPPLY SERV., INC. v. AMERICAN PROD. PARTNERSHIP-V, LTD.

Civil Action No. 95-B-291.

994 F.Supp. 1283 (1998)

K N GAS SUPPLY SERVICES, INC., Plaintiff, v. AMERICAN PRODUCTION PARTNERSHIP-V, LTD., and Ninian Oil Finance Corp., Defendants.

United States District Court, D. Colorado.

February 25, 1998.

Attorney(s) appearing for the Case

Steve H. Ozawa, Denver, CO, Peter Pryor, Pryor, Johnson, Montoya, Carney and Karr, P.C., Englewood, CO, for Plaintiff.

Spencer Denison, William D. Watson, David S. Steefel, Holme Roberts & Owen, Denver, CO, William C. Slusser, Jennifer Smith, Drew Fossum, Baker & Botts, L.L.P., Houston, TX, for Defendants.

MEMORANDUM OPINION AND ORDER

BABCOCK, District Judge.

In this diversity contract case, defendants American Production Partnership-V, LTD. and Ninian Oil Finance Corp. (collectively, American or defendants) move for summary judgment pursuant to Fed.R.Civ.P. 56 on the remaining claims of plaintiff, KN Gas Supply Services, Inc. (KNGSS). KNGSS seeks declaratory judgment as to its right to: 1) receive a refund under the contract's cost of service provision which...

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