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COAL RESOURCES, INC. v. GULF & WESTERN INDUSTRIES

Nos. 86-3824, 86-3825.

865 F.2d 761 (1989)

COAL RESOURCES, INC. No. 11 Coal and Construction, Inc; and Green Mountain Coal Company, Plaintiffs-Appellees, Cross-Appellants, v. GULF & WESTERN INDUSTRIES, INC.; Virginia Met Coal Company, Inc.; Jersey Kentucky Coal Company, Inc.; and New Jersey Zinc Company, Defendants-Appellants, Cross-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided January 13, 1989.

Attorney(s) appearing for the Case

Jacob K. Stein (argued), Donald J. Mooney, Jr., Paxton & Seasongood, Cincinnati, Ohio, for defendants-appellants, cross-appellees.

David P. Kamp, Nancy C. Cody, Vincent B. Stamp, Lead Counsel (argued), Dinsmore & Shohl, Thomas S. Calder, Cincinnati, Ohio, James K. Robinson, Detroit, Mich., for plaintiffs-appellees, cross-appellants.

Before KENNEDY, RYAN and BOGGS, Circuit Judges.

PER CURIAM.

Defendant Gulf & Western Industries, Inc., appeals a jury verdict in favor of plaintiff Coal Resources, Inc., in this diversity of citizenship breach of contract action.1 Defendant acquired the assets of plaintiff under a contract called an Acquisition Agreement. A separate Assumption of Obligations clause was entered into whereby the defendant agreed to assume plaintiff's rights and obligations under certain leases of...

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