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MEAD CORP. v. McNALLY-PITTSBURG MFG. CORP.

No. 78-3320.

654 F.2d 1197 (1981)

The MEAD CORPORATION, Plaintiff-Appellee, v. McNALLY-PITTSBURG MANUFACTURING CORPORATION, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided July 22, 1981.

Attorney(s) appearing for the Case

Joseph A. Oths, Oths, Foley & Heiser, Wellston, Ohio, Charles F. Clarke, Cleveland, Ohio, for defendant-appellant.

Armistead W. Gilliam, Jr., Smith & Schnacke, Charles J. Faruki, Dayton, Ohio, for plaintiff-appellee.

Before ENGEL and BOYCE F. MARTIN, Jr., Circuit Judges, and CELEBREZZE, Senior Circuit Judge.

ENGEL, Circuit Judge.

Defendant McNally-Pittsburg Manufacturing Corporation appeals from a judgment rendered in favor of The Mead Corporation in an Ohio diversity suit for damages allegedly suffered from breach of contract.

McNally entered into a contract with Mead for the construction of a coal washing plant and related facilities to be used at a coal mine Mead had acquired in 1968. This plant, when operational, was to process coal in order to enhance its...

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