NORTHERN IND. PUBLIC SERV. v. COLO. WESTMORELAND, INC.

Civ. No. H 85-0542.

667 F.Supp. 613 (1987)

NORTHERN INDIANA PUBLIC SERVICE COMPANY, Plaintiff, and Defendant on Counterclaim, v. COLORADO WESTMORELAND, INC., Defendant, and Plaintiff on Counterclaim.

United States District Court, N.D. Indiana, Hammond Division.

August 4, 1987.


Attorney(s) appearing for the Case

Joseph R. Lundy, Ronald S. Safer, Marc W. O'Brien, Schiff Hardin & Waite, Chicago, William H. Eichhorn, Peter L. Hatton, Joel R. Page, Jr., Eichhorn, Eichhorn & Link, Kenneth D. Reed, Abrahamson, Reed & Adley, Hammond, Ind., for plaintiff.

Matthew J. Broderick, John M. Coleman, Melvin A. Schwarz, Kate D. Balaban, Dechert Price & Rhoads, Philadelphia, Pa., Charles A. Myers, McHie, Myers & McHie, Hammond, Ind., for defendant.


OPINION

EASTERBROOK, Circuit Judge.*

The Northern Indiana Public Service Company (NIPSCO) generates electric power in coal-fired stations. It serves much of northwest Indiana. Unfortunately, NIPSCO's forecasts of its needs for coal have not been accurate — in part because the demand for power in the region has declined rather than increased (about 40% of its sales are related to the steel industry). NIPSCO also did not...

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