Terra Resources v. Federated Energy Commission

LOBRANO, Judge,

concurs in part and dissents in part.

I respectfully concur that the ruling of the trial court upholding the exception of prematurity should be reversed.

However, I feel it is unnecessary to conduct further hearings on the meaning of the contract. As concerns the prematurity plea, I am of the opinion that the contract is clear that there is no requirement that Terra file suit against American and Peninsula prior to filing suit against FEC.