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

No. IP 92-645-C.

831 F.Supp. 1430 (1993)

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.

August 27, 1993.

Attorney(s) appearing for the Case

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

Richard Wilson, Fulbright & Jaworski, David J. Beck, Beck Redden & Secrest, Houston, TX, Robert A. Burgoyne, Fulbright & Jaworski, Washington, DC, and William P. Wooden, John D. Nell, and Julie Michaelis, Wooden McLaughlin & Sterner, Indianapolis, IN, for Exxon Coal USA and Exxon Corp.

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

ENTRY

BARKER, District Judge.

PSI Energy, Inc. ("PSI") and Exxon are signatories to a twenty-five year contract (the "Contract") which requires Exxon to supply coal to PSI through the year 2001, subject to the parties agreeing at five-year intervals to a new base price (the "Base") and escalation provisions ("Exhibit A") which together determine the actual price of the coal (the "Price"). The last renegotiation period ended on December 31, 1992. Long...

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