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MO. PUBLIC SERVICE CO. v. PEABODY COAL CO.

No. KCD 29611.

583 S.W.2d 721 (1979)

MISSOURI PUBLIC SERVICE COMPANY, Respondent, v. PEABODY COAL COMPANY, Appellant.

Missouri Court of Appeals, Western District.

Motion for Rehearing and/or Transfer Denied February 26, 1979.

Application to Transfer Denied April 10, 1979.

Attorney(s) appearing for the Case

Thompson & Mitchell, William G. Guerri, Edwin G. Akers, Jr. and John H. Stroh, St. Louis, and Dietrich, Davis, Dicus, Rowlands & Schmitt, Edward E. Schmitt, Kansas City, for appellant.

William H. Sanders, Sr., Charles A. Schliebs, Blackwell, Sanders, Matheny, Weary & Lombardi, Judith P. Rea, Kansas City, for respondent.

Before SHANGLER, P. J., SWOFFORD, C. J., and TURNAGE, J.

Motion for Rehearing and/or Transfer to Supreme Court Denied February 26, 1979.

SWOFFORD, Chief Judge.

This is an appeal from a decree of specific performance involving a contract between the parties wherein the appellant (Peabody) agreed to supply the respondent (Public Service) with coal for the production of electricity at the power plants of Public Service in Jackson County, Missouri over a long term. Faced with escalating costs, Peabody unsuccessfully...

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