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ISLAND CREEK COAL SALES CO. v. CITY OF GAINESVILLE

Nos. 84-5108, 84-5144.

764 F.2d 437 (1985)

ISLAND CREEK COAL SALES COMPANY, Plaintiff-Appellee, Cross-Appellant, v. The CITY OF GAINESVILLE, FLORIDA, Defendant-Appellant, Cross-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided June 10, 1985.

Attorney(s) appearing for the Case

Bert T. Combs, M. Stephen Pitt, Wyatt, Tarrant & Combs, Louisville, Ky., Merrill S. Schell, Jo Ann Dale, argued, Louisville, Ky., for defendant-appellant, cross-appellee.

Charles Calk, R. Allen Webb, Gess, Mattingly, Saunier & Atchison, Lexington, Ky., Janet Kane, argued, Phillips, Nizer, Benjamin, Krim & Ballon, New York City, for plaintiff-appellee, cross-appellant.

Before MERRITT and WELLFORD, Circuit Judges, and EDWARDS, Senior Circuit Judge.

WELLFORD, Circuit Judge.

Two issues are involved in this continuing dispute between the parties who entered into a substantial long-term coal supply agreement. The first issue involves the power of a district court to enforce or clarify its judgment during the pendency of an appeal. The second issue involves the meaning and enforceability of an arbitration award under the Arbitration Act, 9 U.S.C. §§ 1-11.

On July 26, 1978, Island Creek Coal Sales...

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