KENTUCKY NATURAL GAS CORP. v. INDIANA GAS & CHEMICAL CORP.

Nos. 7960, 7961.

129 F.2d 17 (1942)

KENTUCKY NATURAL GAS CORPORATION v. INDIANA GAS & CHEMICAL CORPORATION (two cases).

Circuit Court of Appeals, Seventh Circuit.

July 6, 1942.


Attorney(s) appearing for the Case

Paul Y. Davis, Ernest R. Baltzell, and Gustav H. Dongus, all of Indianapolis, Ind., for appellant.

Harry T. Ice, James A. Ross, Merle H. Miller, and Norman Brennan, all of Indianapolis, Ind. (Ross, McCord, Ice & Miller, of Indianapolis, Ind., of counsel), for appellee.

Before EVANS and MAJOR, Circuit Judges, and LINDLEY, District Judge.


LINDLEY, District Judge.

Defendant insists that the District Court erred in (1) declaring a certain contract between the parties terminated, (2) awarding plaintiff damages for defendant's breach and (3) failing to declare that plaintiff had repudiated the agreement prior to October 7, 1938, and, was, therefore, unable to maintain the suit. Plaintiff, in a cross-appeal, asserts inadequacy of damages allowed.

Plaintiff had brought suit praying (a) a declaration...

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