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EASTERN NATURAL GAS CORP. v. ALUMINUM CO. OF AMERICA

No. 96-4117.

126 F.3d 996 (1997)

EASTERN NATURAL GAS CORPORATION and Dest Exploration Incorporated, Plaintiffs-Appellants, v. ALUMINUM COMPANY OF AMERICA, Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided October 3, 1997.

Rehearing Denied December 1, 1997.

Attorney(s) appearing for the Case

J. Burley Scales, Scales, Wissner & Krantz, Boonville, IN, D. Duane Cook (argued), Clifton Farm, Stamping Ground, KY, for Plaintiff-Appellant.

Thomas G. Rohback (argued), Lynn A. Ellenberger, Lebouf, Lamb, Greene & Macrae, Pittsburgh, PA, Benjamin C. Cubbage, Jr., Henderson, KY, for Defendant-Appellee.

Before COFFEY, EASTERBROOK and ROVNER, Circuit Judges.

ILANA DIAMOND ROVNER, Circuit Judge.

Eastern Natural Gas Corp. ("ENG") and Dest Exploration, Inc. ("Dest") discovered that going on the offensive is not always the best strategy. When they sued Aluminum Company of America ("ALCOA") for breach of contract, ALCOA countersued for fraud. Dest and ENG lost on both claims before a jury and now appeal. We affirm.

I.

ALCOA owned the rights to drill for oil and gas on approximately 40,000 acres of property...

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