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AQUILA, INC. v. C.W. MINING

No. 07-4255.

545 F.3d 1258 (2008)

AQUILA, INC., Plaintiff-Appellee, v. C.W. MINING, d/b/a Co-op Mining Company, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

November 7, 2008.

Attorney(s) appearing for the Case

Todd W. Ruskamp (Elizabeth C. Burke with him on the brief), Shook, Hardy & Bacon, L.L.P., Kansas City, MO, for Plaintiff-Appellee.

Carl E. Kingston, Salt Lake City, UT, for Defendant-Appellant.

Before McCONNELL, EBEL, and GORSUCH, Circuit Judges.

GORSUCH, Circuit Judge.

This diversity action implicates a contract between C.W. Mining ("CWM") and Aquila, Inc. ("Aquila"), pursuant to which CWM supplied Aquila, a public utility that produces electrical power, periodic shipments of coal from CWM's Utah mine. At trial, Aquila claimed that CWM breached the parties' contract by failing to perform as promised and that, as a result, it had to purchase coal from other sources at prices higher than those specified in...

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