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BIG HORN COAL CO. v. COMMONWEALTH EDISON CO.

Nos. 85-1829, 85-1830.

852 F.2d 1259 (1988)

BIG HORN COAL COMPANY, Plaintiff-Appellee, v. COMMONWEALTH EDISON COMPANY, Defendant-Appellant. BLACK BUTTE COAL COMPANY, Plaintiff-Appellee, v. COMMONWEALTH EDISON COMPANY, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

July 28, 1988.

Attorney(s) appearing for the Case

A. Daniel Feldman (John W. Treece and D. Maria Majeske with him on the briefs) of Isham, Lincoln & Beale, Chicago, Ill. (James J. White, Ann Arbor, Mich., of counsel, also with him on the briefs), for defendant-appellant Commonwealth Edison Co.

Donald S. Young (Kathleen McCree Lewis, Jeffrey M. Lipshaw, and Daniel J. Stephenson with him on the brief) of Dykema, Gossett, Spencer, Goodnow & Trigg, Detroit, Mich. (George F. Heiden, of counsel, Omaha, Neb., and Bruce A. Salzburg of Freudenthal & Bonds, also with him on the brief), for plaintiffs-appellees Black Butte Coal Co. and Big Horn Coal Co.

Before McKAY and SETH, Circuit Judges, and SAFFELS, District Judge.

McKAY, Circuit Judge.

This diversity case arises out of long-term coal contracts between an Illinois public utility, Commonwealth Edison Company (Edison), and two Wyoming coal producers, Black Butte Coal Company and Big Horn Coal Company (collectively, the Coal Companies). The coal contracts together call for the supply and purchase of more than 180 million tons of coal through the end of the century. The Coal Companies brought this breach of contract suit when Edison...

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