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BILL'S COAL CO. v. BOARD OF PUBLIC UTILITIES

Nos. 87-1716, 87-1719.

887 F.2d 242 (1989)

BILL'S COAL COMPANY, INC., a corporation; William D. Patch; Savanna Lee Patch; Lloyd F. Burkdoll; Anna Faye Burkdoll; John E. Burkdoll; Virginia L. Burkdoll, and all the general partners of and d/b/a Cherokee Coal Company, a general partnership, Plaintiff-Appellants/Cross-Appellees, v. BOARD OF PUBLIC UTILITIES OF SPRINGFIELD, MISSOURI d/b/a City Utilities, and City of Springfield, Missouri, Defendants-Appellees/Cross-Appellants.

United States Court of Appeals, Tenth Circuit.

October 6, 1989.

Attorney(s) appearing for the Case

George P. Coughlin (Paul Scott Kelly, Jr., with him on the briefs), of Gage & Tucker, Kansas City, Mo., for plaintiffs-appellants/cross-appellees.

Mark E. Gardner of Hall, Ansley, Carmichael & Gardner, Springfield, Mo. (Randell D. Wallace of Hall, Ansley, Carmichael & Gardner, Springfield, Mo., Stan P. Doyle of Doyle & Harris, Tulsa, Okl., and Turner White, III, Springfield, Mo., with him on the briefs), for defendants-appellees/cross-appellants.

Before McKAY, LOGAN, and TACHA, Circuit Judges.

McKAY, Circuit Judge.

This diversity case involves a contract dispute between the Board of Public Utilities of Springfield, Missouri d/b/a City Utilities and the City of Springfield, Missouri (collectively the "purchaser"), and Bill's Coal Company, Inc., and Cherokee Coal Co. (collectively the "sellers"). The long, tortured, procedural history of this case is recounted in our prior opinion, Bill's Coal Co. v. Board of Public Utilities of Springfield,

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