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CENTRAL ILL. PUB. SER. v. ATLAS MINERALS

Nos. 97-2503, 97-2596.

146 F.3d 448 (1998)

CENTRAL ILLINOIS PUBLIC SERVICE COMPANY, Plaintiff-Appellee, Cross Appellant, v. ATLAS MINERALS, INCORPORATED, and Indiana Coal Company, formerly known as Buck Creek Mining, Incorporated, Defendants-Appellants, Cross Appellees.

United States Court of Appeals, Seventh Circuit.

Decided May 29, 1998.

Attorney(s) appearing for the Case

Stephen R. Kaufmann, Thomas H. Wilson (argued), Sorling, Northrup, Hanna, Cullen & Cochran, Springfield, IL, for Plaintiff-Appellee.

Craig A. Randle, Londrigan, Potter & Randle, Springfield, IL, Charles A. Wagner, III (argued), Wagner, Myers & Sanger, Knoxville, TN, for Defendants-Appellants.

Before CUDAHY, FLAUM and EVANS, Circuit Judges.

CUDAHY, Circuit Judge.

This is a diversity case applying Illinois sales law to a dispute between Indiana corporations (defendants) and an Illinois corporation (plaintiff). The issue is whether the plaintiff breached a June 22, 1989 Coal Sale and Purchase Agreement between Atlas Minerals, Inc., and Buck Creek Mining, Inc., and the plaintiff (the 1989 contract). (Defendant Indiana Coal Company is a successor to Buck Creek Mining.) The defendants appeal from a judgment...

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