ENERGY OILS, INC. v. MONTANA POWER CO.

No. 78-1066.

626 F.2d 731 (1980)

ENERGY OILS, INC., a Texas Corporation, General Crude Oil Company, a Delaware Corporation, Rainbow Resources, Inc., a Wyoming Corporation, Erving Wolf, William E. Andrau, Helene B. Wolfe, and Barbara A. Powell, Plaintiffs-Appellants, v. The MONTANA POWER COMPANY, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided August 29, 1980.


Attorney(s) appearing for the Case

Morris R. Massey, Brown, Drew, Apostolos, Massey & Sullivan, Casper, Wyo., for plaintiffs-appellants.

Kendrick Smith, Corette, Smith & Dean, Butte, Mont., for defendant-appellee.

Before CHOY and FERGUSON, Circuit Judges, and BARTELS, District Judge.


BARTELS, District Judge:

This is an appeal in a diversity action by Energy Oils, Inc., et al. ("Energy" or "appellants") from a judgment in favor of the defendant, The Montana Power Company ("Montana") entered in the United States District Court for the District of Montana (Battin, J.) after a trial without a jury. At issue for review are the construction and interpretation of two agreements with virtually identical provisions ("Energy-Bond agreements"), pursuant...

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