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ATEL FINANCIAL CORP. v. QUAKER COAL CO.

No. C 98-02971 TEH.

132 F.Supp.2d 1233 (2001)

ATEL FINANCIAL CORPORATION, Plaintiff, v. QUAKER COAL COMPANY, Defendant.

United States District Court, N.D. California.

March 9, 2001.

Attorney(s) appearing for the Case

Robert B. Kaplan, Jeffer Mangels Butler & Marmaro, San Francisco, CA, David M. Wiseblood, K. Bradley Rogerson, Frandzel Share Robins Kaplan & Bloom LC, San Francisco, CA, for plaintiff.

Richard W. Nichols, Michael T. Fogarty, McDonough Holland & Allen, Sacramento, CA, Gillard B. Johnson, Wilson Stanley Bowling & Costanzo, Lexington, KY, for defendant.

FINDINGS OF FACT AND CONCLUSIONS OF LAW, AND JUDGMENT (FRCP 54 & 58)

THELTON E. HENDERSON, District Judge.

INTRODUCTION

This action, in essence, is a suit by a leasing company to collect damages from a lessee which allegedly breached a contract between the two parties by retaining leased equipment without making full timely payments. The lessor now seeks to enforce the liquidated damages provision of the lease. The lessee admits that...

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