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ATEL FINANCIAL CORP. v. QUAKER COAL CO.

No. 01-15687.

321 F.3d 924 (2003)

ATEL FINANCIAL CORP., a California corporation, Plaintiff-Appellant, v. QUAKER COAL COMPANY, a Kentucky corporation, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed March 5, 2003.

Attorney(s) appearing for the Case

David M. Wiseblood, Berg & Parker, San Francisco, CA, for the plaintiff-appellant.

Gillard B. Johnson, III, Bowling & Johnson, Lexington, KY, for the defendant-appellee.

Before SCHROEDER, Chief Judge, GOODWIN and CLIFTON, Circuit Judges.

OPINION

PER CURIAM.

Atel Financial Corp. ("Atel") appeals from the district court's judgment that the liquidated damages provision in its $12 million equipment lease contract (the "Lease") with Quaker Coal Company ("Quaker") is unenforceable as a penalty under California law.

The facts of this case are set forth in detail in the district court's opinion, reported at 132 F.Supp.2d 1233 (N.D.Cal. 2001). In...

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