NORTHERN INDIANA PUB. SERV. CO. v. CARBON COUNTY COAL CO.

Nos. 85-2110, 86-1069, 86-1074 and 86-1575.

799 F.2d 265 (1986)

NORTHERN INDIANA PUBLIC SERVICE COMPANY, an Indiana corporation, Plaintiff-Appellant, v. CARBON COUNTY COAL COMPANY, a partnership, Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided August 13, 1986.


Attorney(s) appearing for the Case

Joseph R. Lundy, Schiff, Hardin & Waite, Chicago, Ill., for plaintiff-appellant.

Terry M. Grimm, Winston & Strawn, Chicago, Ill., for defendant-appellee.

Before POSNER and RIPPLE, Circuit Judges, and ESCHBACH, Senior Circuit Judge.


POSNER, Circuit Judge.

These appeals bring before us various facets of a dispute between Northern Indiana Public Service Company (NIPSCO), an electric utility in Indiana, and Carbon County Coal Company, a partnership that until recently owned and operated a coal mine in Wyoming. In 1978 NIPSCO and Carbon County signed a contract whereby Carbon County agreed to sell and NIPSCO to buy approximately 1.5 million tons of coal every year for 20 years, at a price of $24...

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