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Published by: api-166431386 on Jul 25, 2014
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07/25/2014

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CAUSE
NO.
11-12667
ENERGY
TRANSFER
PARTNERS,
 
IN
THEDISTRICT
COURT
L.P.,
AND
ENERGYTRANSFERFUEL
L.P.
 
Plaintiffs
DALLAS
COUNTY
TEXAS
v.
 
ENTERPRISEPRODUCTSPARTNERS,
 
L.P.,
ENBRIDGE
(US)
INC
AND
 
ENTERPRISEPRODUCTS
 
OPERATING
LLC
 
298th
JUDICAL
DISTRICT
 
Defendants.
 
FINAL
JUDGMENT
OnJanuary
27,
2014,
the
trial
of
this
case
began.
Plaintiffs
EnergyTransfer
Partners,
L.P.
(“ETP”)
and
EnergyTransfer
Fuel,
L.P.
appeared
in
person
and
through
their
attorneys
and
announcedready
for
trial.
DefendantsEnterprise
Products
Partners,
L.P.
(“Enterprise”),
Enterprise
Products
Operating
LLC
(“Enterprise
LLC”
and
Enbridge(US)
Inc.
(“Enbridge”),
appeared
in
person
and
through
their
attorneys
and
announced
ready
for
trial.
The
Courtdeterminedthat
it
had
jurisdiction
over
the
subject
matter
and
the
parties
in
this
case.
A
panel
of
twelve
qualified
jurors
was
selected,andthe
case
proceededto
trial.
The
jury
heardthe
evidence
and
arguments
of
counsel.Theparties
concluded
evidenceonFebruary
25,
2014,
when
the
parties
through
their
attorneysannounced
in
open
court
that
they
hadpresented
all
their
evidence
andrested.
The
Courtsubmitted
questions,
definitions,
and
instructions
to
the
jury
on
March
4,
2014.
In
response,the
jury
made
findings
that
the
Court
received,
filed,
and
entered
of
record.
The
jury’s
verdict,
as
reflected
in
the
Charge
of
the
Court,
is
expressly
incorporated
in
this
Final
Judgment
for
all
purposes
and
by
references.
After
considering
the
FINAL
JUDGMENT
Page
 
 
evidenceand
testimony
received,
the
evidencebefore
the
Court
and
the
arguments
of
counsel,the
Court
renders
final
judgment
for
ETPagainst
Enterprise
as
follows:
 
ETPshallrecover 535,537,585.62
from
Enterprise,comprised
of
the
following
elements:
a
Disgorgement
of
benefit
in
the
amount
of
 150,000,000.00;
b.
Damages
in
the
amount
of
 319,375,000.00;
c
Pre-judgment
interest
in
the
amount
of
five
percent
(5 )
perannum
in
simple
interest,
accruing
from
September
30,
2011
until
theday
before
this
judgment
wasenteredon
July
25,
2014,
at
a
per
diem
rate
of
 64,297.95,
in
the
total
amount
of
 66,162,585.62.
2
ETPshallrecover
post-judgment
interest
ontheabove,
at
therate
of
five
percent
(5 )
perannum,
compoundedannually.
The
post-judgment
interestshallbegin
to
accrueon
thedate
following
the
date
of
this
judgment
and
shallcontinueto
accrue
until
thisjudgment
is
satisfied
in
full.
Accordingly,for
example:
a
for
the
first
year
after
judgment,
interest
will
accrue
at
a
per
diem
amount
of
 73,363.31,
so
on
July
25,
2015,
the
total
judgment
amount
will
be
 562,314,464.90;
b.
for
thesecond
year
after
judgment,
interest
will
accrue
at
a
per
diem
amount
of
 77,029.38,
so
on
July
25,
2016,
the
total
judgment
amount
will
be
 590,430,188.14;
c
for
the
third
year
after
judgment,
interest
will
accrue
at
a
per
diem
amount
of
 80,880.85,
so
on
July
25,
2017,
the
total
judgment
amount
will
be
 619,951,697.55.
3
ETP
takes
nothingby
its
claims
against
Enbridge.
4
Enterprise
and
Enterprise
LLC
take
nothingby
their
counterclaims.
5
All
costs
of
court
areassessed
against
Enterprise.
FINAL
JUDGMENT
Page
2

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