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MONOLITH PORTLAND MIDWEST CO. v. WESTERN PUB. SERV. CO.

No. 2727.

142 F.2d 857 (1944)

MONOLITH PORTLAND MIDWEST CO. v. WESTERN PUBLIC SERVICE CO.

Circuit Court of Appeals, Tenth Circuit.

May 24, 1944.

Attorney(s) appearing for the Case

M. E. Corthell, of Laramie, Wyo. and John U. Loomis, of Cheyenne, Wyo., for appellant.

J. R. Sullivan, of Laramie, Wyo., and Clarence A. Davis, of Lincoln, Neb. (Davis, Stubbs & Ackerman and William W. Redmond, all of Lincoln, Neb., on the brief), for appellee.

Before BRATTON and HUXMAN, Circuit Judges, and RICE, District Judge.

RICE, District Judge.

Appellant1 owns and operates a cement manufacturing plant in or near the city of Laramie, Wyoming. Appellee2 owns and operates an electric power plant from which the plaintiff procures and has for a number of years procured electrical energy for the operation of its plant.

On March 4, 1933, plaintiff and defendant entered into a written contract which superceded a prior contract...

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