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COAL RESOURCES v. GULF & WESTERN INDUSTRIES

Nos. 90-3989, 90-3990.

954 F.2d 1263 (1992)

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

United States Court of Appeals, Sixth Circuit.

Decided January 29, 1992.

Rehearing and Rehearing Denied March 13, 1992.

Order Clarifying Opinion April 22, 1992.

Attorney(s) appearing for the Case

Vincent B. Stamp (argued and briefed), Nancy C. Cody, Dinsmore & Shohl, Cincinnati, Ohio, James K. Robinson (briefed), Honigman, Miller, Schwartz & Cohn, Detroit, Mich., and Catherine M. White, Cincinnati, Ohio, for plaintiffs-appellees, cross-appellants.

Gerald W. Simmons, Jeffrey A. Lydenberg, and Jacob K. Stein (argued and briefed), Thompson, Hine & Flory, Cincinnati, Ohio, for defendants-appellants, cross-appellees.

Before KENNEDY, RYAN and BOGGS, Circuit Judges.

Rehearing and Rehearing En Banc Denied March 13, 1992.

KENNEDY, Circuit Judge.

Defendant Gulf and Western ("G & W") appeals from a jury verdict for plaintiff Coal Resources, Inc. ("CRI") in CRI's diversity breach of contract action against G & W raising numerous evidentiary issues.1 CRI cross-appeals the District Court's denial of pre-judgment interest. We REMAND to the District Court for a new trial unless CRI remits ...

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