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HAVOCO OF AMERICA, LTD. v. SUMITOMO CORP. OF AMERICA

Nos. 91-1195, 91-1196 and 91-1279.

971 F.2d 1332 (1992)

HAVOCO OF AMERICA, LTD., a Delaware Corporation, Plaintiff-Appellant, Cross-Appellee, v. SUMITOMO CORPORATION OF AMERICA, Defendant-Appellee, and Elmer C. Hill, Defendant-Appellant, Cross-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided August 7, 1992.

Rehearing Denied September 9, 1992.

Attorney(s) appearing for the Case

Paul B. Episcope, John Erb; Richard P. Campbell, Anthony S. DiVincenzo (argued), Campbell & DiVincenzo; and Susan B. Padove, Coleman & Associates, Chicago, Ill., for plaintiff.

Kathleen M. O'Laughlin, Richard L. Horn, Barbara J. Mulvanny, Keck, Mahin & Cate; Howard Joseph; Sheldon Karon (argued); and Michael A. Stick (argued), Ronald Butler, Kevin J. O'Brien, and Ellen M. Babbitt, Butler, Rubin, Newcomer, Saltarelli, Boyd & Krasnow, Chicago, Ill., for defendants.

Before COFFEY, MANION and KANNE, Circuit Judges.

MANION, Circuit Judge.

The dispute in this diversity suit (governed, the parties agree, by Illinois law) centers around a long-term coal supply contract which plaintiff Havoco of America, Ltd. ("Havoco") entered into with the Tennessee Valley Authority ("TVA") in 1975. Havoco agreed to supply the TVA with 2.4 million tons of coal per year for 10 years at $23.85 per ton — a total contract price of $572,000,000. To fulfill its obligations under that contract...

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