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UNION ELEC. CO. v. CONSOLIDATION COAL CO.

No. 98-3450.

188 F.3d 998 (1999)

UNION ELECTRIC COMPANY, a Missouri Corporation, Appellant, v. CONSOLIDATION COAL COMPANY, a Delaware Corporation; Consol, Inc., a Delaware Corporation; Consol Energy, Inc., a Delaware Corporation, Appellees.

United States Court of Appeals, Eighth Circuit.

Decided August 27, 1999.

Attorney(s) appearing for the Case

Thomas Blumeyer Weaver, St. Louis, MO, argued (James J. Virtel and Jay A. Summerville, St. Louis, MO, on the brief), for appellant.

Charles A. Weiss, St. Louis, MO, argued (Thomas C. Walsh and Douglas W. King, St. Louis, MO, on the brief), for appellees.

Before: McMILLIAN, LOKEN and MURPHY, Circuit Judges.

McMILLIAN, Circuit Judge.

Union Electric Co. (UE) appeals from a final judgment entered in the United States District Court1 for the Eastern District of Missouri granting summary judgment in favor of Consolidation Coal Co. (CONSOL). See Union Electric Company v. Consolidation Coal Company, Case No. 4:96CV1881JCH (E.D.Mo. Aug. 31, 1998) ("Memorandum and Order"). For reversal, UE argues that the district court erred in finding that...

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