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TORCH ENERGY MARKETING, INC. v. PACIFIC GAS & ELEC. CO.

No. CIV.A.H-01-3402.

280 F.Supp.2d 632 (2003)

TORCH ENERGY MARKETING, INC., Plaintiff, v. PACIFIC GAS & ELECTRIC COMPANY, Defendant and Third-Party Plaintiff, v. Torch Energy Advisors, Inc., Third-Party Defendant.

United States District Court, S.D. Texas, Houston Division.

August 13, 2003.

Attorney(s) appearing for the Case

Anne M Rodgers, Fulbright & Jaworski, Gerard G Pecht, Fulbright and Jaworski, Houston, for Torch Energy Marketing Inc, plaintiff.

Mitchell E Ayer, Thompson & Knight LLP, Rhett G Campbell, Thompson & Knight LLP, Houston, for Pacific Gas & Electric Company, defendant.

MEMORANDUM AND ORDER

ROSENTHAL, District Judge.

This declaratory judgment action arose from a California Production Balancing Agreement ("CPBA") between plaintiff, Torch Energy Marketing, Inc. ("TEMI"), and defendant, Pacific Gas and Electric ("PG & E"). Under the CPBA, TEMI distributed natural gas through a pipeline PG & E owned. The contract required delivery of a specified amount of gas. Failure to deliver less than the specified amount in a given...

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