COOPERATIVE REFINERY ASS'N
v.
CONSUMERS PUBLIC POWER DIST. et al. CONSUMERS PUBLIC POWER DIST.
v.
COOPERATIVE REFINERY ASS'N.
United States Court of Appeals Eighth Circuit.https://leagle.com/images/logo.png
August 3, 1951.
Rehearing Denied September 7, 1951.
Attorney(s) appearing for the Case
Lester A. Danielson, Scottsbluff, Neb. (F. R. Olmsted, Kansas City, Mo. and Thomas F. Neighbors, Scottsbluff, Neb., on the brief), for Cooperative Refinery Ass'n.
Robert G. Simmons, Jr., Scottsbluff, Neb. (James G. Mothersead, Floyd E. Wright, Scottsbluff, Neb., Clarence A. Davis, Daniel Stubbs, and George A. Healey, all of Lincoln, Neb., on the brief), for Consumers Public Power Dist.
Peter H. Holme, Jr., Denver, Colo. (J. Churchill Owen and Holme, Roberts, More, Owen & Keegan, all of Denver, Colo., on the brief), for Terry Carpenter and Hazeldeane Carpenter.
Before SANBORN, JOHNSEN and RIDDICK, Circuit Judges.
United States Court of Appeals Eighth Circuit.
JOHNSEN, Circuit Judge.
The action is one brought by Consumers Public Power District against Cooperative Refinery Association, to recover damages, under Nebraska law, for breach of a contract to sell fuel oil. On a trial without a jury, the court awarded damages for a part of the contract term but not for the full remaining period covered by the contract. Cooperative has appealed from the recovery allowed against it, and...
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