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ISLAND CREEK COAL SALES CO. v. INDIANA-KENTUCKY ELEC. CORP.

No. 73 Civ. 564.

366 F.Supp. 350 (1973)

ISLAND CREEK COAL SALES COMPANY, Plaintiff, v. INDIANA-KENTUCKY ELECTRIC CORPORATION, Defendant.

United States District Court, S. D. New York.

November 21, 1973.

Attorney(s) appearing for the Case

Phillips, Nizer, Benjamin, Krim & Ballon, New York City (Simon Rose, New York City, of counsel), and Buchanan, Ingersoll, Rodewald, Kyle & Buerger, Pittsburgh, Pa. (James G. Park, Bruce A. Americus, Pittsburgh, Pa., of counsel), for plaintiff.

Cahill, Gordon & Reindel, New York City (Raymond L. Falls, Jr., Joel C. Balsam, New York City, of counsel), and Squire, Sanders & Dempsey, Cleveland, Ohio (John Lansdale, Jr., Robert C. Maynard, Isaac Schulz, Cleveland, Ohio, of counsel), for defendant.

OPINION

BAUMAN, District Judge.

This is a motion by defendant Indiana-Kentucky Electric Corporation (hereinafter "IKEC") for summary judgment pursuant to Rule 56(b) of the Federal Rules of Civil Procedure.1 Because the question presented is exclusively one of contractual interpretation, I am satisfied that there is no genuine issue as to any material fact. For the reasons that follow...

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