BILL'S COAL CO. v. BOARD OF PUBLIC UTILITIES, ETC.

Nos. 82-1297, 82-1303.

682 F.2d 883 (1982)

BILL'S COAL COMPANY, INC., and William D. Patch, Savanna Lee Patch, Lloyd F. Burkdoll, Anna Faye Burkdoll, John E. Burkdoll and Virginia L. Burkdoll, all the general partners of and d/b/a Cherokee Coal Company, a general partnership, Plaintiffs-Appellants, v. BOARD OF PUBLIC UTILITIES OF SPRINGFIELD, MISSOURI, d/b/a City Utilities, and City of Springfield, Missouri, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

Dissenting Opinion July 14, 1982.

Rehearing Denied August 9, 1982.


Attorney(s) appearing for the Case

Paul Scott Kelly, Jr., Kansas City, Mo. (George P. Coughlin of Gage & Tucker, Kansas City, Mo., and O. B. Johnston of Logan, Lowry, Johnston, Switzer & West, Vinita, Okl., with him on the brief), for plaintiffs-appellants.

Stan P. Doyle, Tulsa, Okl. (Steven M. Harris and James C. Thomas, of Doyle & Holmes, Tulsa, Okl., Mark E. Gardner of Woolsey, Fisher, Whiteaker, McDonald & Ansley, and Turner White III of Springfield, Mo., with him on the brief), for defendants-appellees.

Before BARRETT, McKAY and LOGAN, Circuit Judges.


Dissenting Opinion July 14, 1982. See 685 F.2d 360.

LOGAN, Circuit Judge.

Bill's Coal Company, Inc. and related parties ("Bill's Coal") appeal the trial court's order dissolving an injunction it previously had issued compelling the Board of Utilities of the City of Springfield, Missouri ("the Utility") to continue purchasing its coal requirements from Bill's Coal in accord with the long-term contract the Utility entered

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