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

No. 93-3191.

17 F.3d 969 (1994)

PSI ENERGY, INC., Plaintiff-Appellee, v. EXXON COAL USA, INC., and Exxon Corporation, Defendants-Appellants.

United States Court of Appeals, Seventh Circuit.

Decided February 22, 1994.

Rehearing and Suggestion for Rehearing Denied March 21, 1994.


Attorney(s) appearing for the Case

Alan S. Brown, Hugh E. Reynolds, Jr., Thomas L. Davis, Locke, Reynolds, Boyd & Weisell, Indianapolis, IN, Donald P. Bogard, Plainfield, IN, for plaintiff-appellee.

William P. Wooden, Katherine L. Shelby, Wooden, McLaughlin & Sterner, Indianapolis, IN, Davis J. Beck, Amy Murdock, Beck, Redden & Secrest, James K. Wilson, H.G. Hoskins, Exxon Coal and Minerals Co., Houston, TX, Robert Anthony Burgoyne, Keith A. Jones, Fulbright & Jaworski, Washington, DC, Richard J. Wilson, Fulbright & Jaworski, Houston, TX, for defendants-appellants.

Before BAUER, REAVLEY, and EASTERBROOK, Circuit Judges.


Rehearing and Suggestion for Rehearing En Banc Denied March 21, 1994.**

EASTERBROOK, Circuit Judge.

Our prior opinion, 991 F.2d 1265 (1993), held that the long-term coal contract between PSI Energy and Exxon Coal USA remains in effect. We remanded so that the district judge could determine the Base price of coal for the period 1993-97. Under the contract, Exxon's "last offer" sets the price for...

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