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IOWA ELECTRIC LIGHT AND POWER CO. v. ATLAS CORPORATION

No. 80-1664.

654 F.2d 704 (1981)

IOWA ELECTRIC LIGHT AND POWER COMPANY, Appellee, v. ATLAS CORPORATION, Appellant.

United States Court of Appeals, Eighth Circuit.

Decided July 30, 1981.

Attorney(s) appearing for the Case

Thomas M. Collins, Gary J. Streit, Shuttleworth & Ingersoll, Cedar Rapids, Iowa, Michael V. Corrigan, argued, George M. Newcombe, Simpson, Thacher & Bartlett, New York City, for appellant.

Robert Lowenstein, argued, Anne W. Cottingham, Washington, D. C., Bruce Washburn, Iowa City, Iowa, Thomas J. Pitner, William O. Gray, Keith E. Stapleton, Cedar Rapids, Iowa, for appellee Iowa Electric Light and Power Co.

Before BRIGHT, HENLEY and ARNOLD, Circuit Judges.

HENLEY, Circuit Judge.

Atlas Corporation appeals from orders of the district court1 denying without prejudice Atlas' motion for restitution. We affirm.

Atlas contracted in 1973 to supply uranium oxide (U308 or yellowcake) to Iowa Electric for use in IE's nuclear power plant. The contract, as modified in 1975, obligated Atlas to deliver specified quantities of uranium oxide in the years...

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