Citations
- 604 F.2d 1281
Full opinion text
MILLER, Judge.
These appeals are from separate orders of the district court granting summary judgment in favor of defendant-appellee Western Slope Gas Company (“Western Slope”). The judgment against Superior Oil Company (“Superior”) was entered pursuant to Western Slope’s motion for summary judgment. The judgment against Continental Oil Company (“Conoco”) was entered on the court’s joinder of the cases for the purposes of said motion and on its determination that the grant of summary judgment against Superior was decisive of the issues raised in the Conoco case. The orders are vacated, and the cases are remanded.
Background
It appears that the issues before this court in the two cases are, in all material respects, identical. Accordingly, we will direct our attention to only the Superior case, with the understanding that the discussion and disposition of that case also apply to the Conoco case.
On January 3, 1964, a 20-year contract for the intrastate (in Colorado) sale and purchase of natural gas was entered into by Western Slope, the “Buyer,” and Superior and Conoco, collectively referred to as “Seller.” The contract includes provisions relating to heating value, delivery pressure at the wellhead, measurement (unit of measurement is 1,000 cubic feet (“MCF”) of gas at base temperature of 60 degrees Fahrenheit and pressure of 15.025 pounds per square inch absolute), specific gravity, deviation from Boyle’s Law, and degree of purity-
The contract states that, subject to adjustment for differences in heating value, the base price for deliveries prior to August 17, 1967, is 13