CITY OF AUSTIN, TEX. v. DECKER COAL CO.

No. 81-1618.

701 F.2d 420 (1983)

CITY OF AUSTIN, TEXAS and Lower Colorado River Authority, Plaintiffs-Appellees, v. DECKER COAL COMPANY, a Joint Venture, Wytana, Inc. and Western Minerals, Inc., Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

Rehearing and Rehearing Denied May 31, 1983.


Attorney(s) appearing for the Case

Britton White, Jr., Paul D. Phillips, Denver, Colo., Brown, Maroney, Rose, Baker & Barber, Scott R. Kidd, Austin, Tex., for defendants-appellants.

Terrence Irion, Asst. City Atty., Austin, Tex., for plaintiffs-appellees.

Small, Craig & Werkenthin, James M. Alsup, C.C. Small, Jr., Austin, Tex., for Lower Colo. River Authority.

Before RUBIN, RANDALL and JOLLY, Circuit Judges.


Rehearing and Rehearing En Banc Denied May 31, 1983.

E. GRADY JOLLY, Circuit Judge:

I. INTRODUCTION

This case comes before this court from a decision by the district court for the Western District of Texas, Bunton, J., in favor of the plaintiffs—the City of Austin, Texas, and the Lower Colorado River Authority.1

We are presented with a question of allocation of costs under a coal procurement contract entered...

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