DECKER COAL CO. v. COMMONWEALTH EDISON CO.

No. 84-4035.

805 F.2d 834 (1986)

DECKER COAL COMPANY, Plaintiff-Appellee, v. COMMONWEALTH EDISON COMPANY, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Submission Stayed March 21, 1985.

Resubmitted March 31, 1986.

Decided December 1, 1986.


Attorney(s) appearing for the Case

Donald S. Young, Dykema, Gossett, Spencer, Goodnow & Trigg, Detroit, Mich., for plaintiff-appellee.

Paul W. Schroeder, James K. Meguerian, Isham, Lincoln & Beale, Chicago, Ill., for defendant-appellant.

Before CHOY, ANDERSON and TANG, Circuit Judges.


Submission Stayed March 21, 1985 Pending Certification to Montana Supreme Court.

TANG, Circuit Judge:

In early 1984, Decker Coal Company filed suit against Commonwealth Edison Company in the United States District Court for Montana alleging breach of contract. In the course of that action, the district court enjoined the prosecution of a substantially similar action Edison had filed in Illinois shortly after Decker filed its action in Montana. Edison appeals...

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