Dynegy Escapes Ergon Gas Contract Suit In 5th Circ.

Law360, Los Angeles (January 23, 2013, 6:23 PM EST) -- The Fifth Circuit ruled Tuesday that natural gas clearinghouse Dynegy Marketing & Trade had no contractual duty to Ergon Refining to search for replacement gas after Dynegy couldn't fulfill Ergon's orders because of hurricane damage.

A three-judge panel upheld a district court's ruling that Dynegy wasn't bound by a contract with Ergon to at least attempt to secure replacement gas it couldn't provide when hurricanes Katrina and Rita hit in 2005, but reversed the court's finding that Dynegy was legally obligated to do so under a...
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