Opinion

Ergon-West Virginia, Inc. v. Dynegy Marketing & Trade

  • 706 F.3d 419
  • 2013 WL 237567
Court
Court of Appeals for the Fifth Circuit
Filed
Jan 22, 2013
Status
Published
Author
Reavley
On the bench
Reavley, Dennis, Clement
Cited by
23 cases

explaining that unambiguous contracts are reviewed de novo-, a district court’s interpretation of an ambiguous contract that uses extrinsic evidence is reviewed for clear error

How later courts described this case

  • explaining that unambiguous contracts are reviewed de novo-, a district court’s interpretation of an ambiguous contract that uses extrinsic evidence is reviewed for clear error
  • “[C]lear error is the standard 15 Case: 14-41232 Document: 00513971769 Page: 16 Date Filed: 04/27/2017 No. 14-41232 of review when a district court uses extrinsic evidence to interpret an ambiguous contract.”
  • “[C]lear error is the standard 15 No. 14-41232 of review when a district court uses extrinsic evidence to interpret an ambiguous contract.”
  • “[C]lear error is the standard of review when a district court uses extrinsic evidence to interpret an ambiguous contract.”

Written by the judges who cited it.

The opinion

REAVLEY, Circuit Judge,

dissenting in part:

I would affirm the district court judgment. I concur with the judgment that, *427 due to the force majeure clause, Dynegy was not obligated to secure replacement gas for Ergon Refining. But the contract with Ergon-West Virginia required Dynegy to continue to supply the designated quantity of gas. Judgment, to be consistent with the contract, should compensate Ergon-West Virginia for the failure of that supply.

Dynegy’s obligation to Ergon-West Virginia was not to deliver a particular source of gas; it was to deliver a designated quantity. If the Dynegy could not deliver its supply because of Katrina and Rita, the force majeure clause would be material; but nothing prevented Dynegy from performing its contract since gas supply was available. Dynegy agrees that it was capable of transporting gas that it could have obtained for Ergon-West Virginia. Therefore, its contract required it to do so.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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