PSI ENERGY, INC. v. EXXON COAL USA, INC.

No. IP 92-645-C.

831 F.Supp. 1419 (1992)

PSI ENERGY, INC., Plaintiff, v. EXXON COAL USA, INC., and Exxon Corporation through its division Exxon Coal and Mineral Company, Defendant.

United States District Court, S.D. Indiana, Indianapolis Division.

Amended January 7, 1993.

Nunc Pro Tunc December 28, 1992.


Attorney(s) appearing for the Case

Robert F. Zoccola, Michael A. Bergin, Thomas L. Davis, Alan S. Brown, Locke Reynolds Boyd & Weissell, Indianapolis, IN, Donald P. Bogard, PSI Energy, Inc., Plainfield, IN, for plaintiff.

Richard Wilson, Fulbright & Jaworski, David J. Beck, Beck Redden & Secrest, Houston, TX, for Exxon Corp.

Robert A. Burgoyne, Fulbright & Jaworski, Washington, DC, for Exxon Coal USA, Inc.

James K. Wilson, James J. McGowan, Jr., Exxon Coal and Minerals Co., Houston, TX, for Exxon Coal and Minerals Corp.

William P. Wooden, John D. Nell, Julie Michaelis, Wooden McLaughlin & Sterner, Indianapolis, IN, for Exxon Coal USA and Exxon Corp.


ENTRY

BARKER, District Judge.

The controversy in this lawsuit centers on the meaning of certain provisions in a contract that PSI Energy, Inc. ("PSI") and Exxon's predecessor in interest entered into eighteen (18) years ago, and that the parties modified in 1984. The contract, as amended, in general calls for Exxon Coal to continue to supply PSI with more than three million tons of coal annually for the next ten years at prices that are subject to...

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