Proposed Corrected Final Summary Judgment

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CAUSE NO. 2017 48075

  TOTAL PETROCHEMICALS &                                         IN THE DISTRICT COURT OF
  REFINING USA, INC. and
  ACE PROPERTY & CASUALTY
  INSURANCE COMPANY

                                                                     HARRIS COUNTY, TEXAS

  KINDER MORGAN PETCOKE, LP and
  KINDER MORGAN PETCOKE GP LLC                                       129th JUDICIAL DISTRICT

                       CORRECTED FINAL SUMMARY                 JUDGMENT

        ONTHIS DAY the Court heard Plaintiff TOTAL Petrochemicals & Refining USA, Inc.’s

 (“TOTAL”) Motion for Final Summary Judgment against defendants Kinder Morgan Petcoke LP

 and its general partner, Kinder Morgan Petcoke GP LLC (together “KINDER MORGAN’), filed

 onJuly 30, 2019 (“MFSJ”); and KINDER MORGAN’ s Motion for Partial Summary Judgment as

 to Damages (“MPSJ,” filed August 13, 2019). Having considered the foregoing motions, together

with the parties’ several replies, sur replies and letters to the Cour…