COAL RESOURCES, INC. v. GULF & WESTERN INDUSTRIES INC.

Nos. 82-3443 to 82-3446.

756 F.2d 443 (1985)

COAL RESOURCES, INC., et al., Plaintiffs-Appellees, Cross-Appellants, v. GULF & WESTERN INDUSTRIES, INC., et al., Defendants-Appellants, Cross-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided March 4, 1985.

Rehearing and Rehearing Denied May 10, 1985.


Attorney(s) appearing for the Case

Donald J. Mooney, Jr., Jacob K. Stein (argued), Paxton & Seasongood, Cincinnati, Ohio, for Gulf & Western Industries.

Thomas S. Calder, Vincent B. Stamp (argued), Dinsmore, Shohl, Coates & Deupree, Cincinnati, Ohio, for Coal Resources.

Before CONTIE and WELLFORD, Circuit Judges, and MORTON, Senior District Judge.


Rehearing and Rehearing En Banc Denied May 10, 1985.

CONTIE, Circuit Judge.

This is the rehearing under Rule 40 of the Federal Rules of Appellate Procedure of both an appeal brought by defendant Gulf & Western Industries, Inc. and a cross-appeal brought by plaintiff Coal Resources, Inc. In the district court, the plaintiff asserted claims for breach of contract, common law fraud and violations of the federal securities laws. The defendants asserted a counterclaim...

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