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CENTRAL ILLINOIS LIGHT v. CONSOLIDATION COAL

No. 03-1208.

349 F.3d 488 (2003)

CENTRAL ILLINOIS LIGHT COMPANY, Plaintiff-Appellant, v. CONSOLIDATION COAL COMPANY, Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided November 17, 2003.

Rehearing Denied December 9, 2003.

Attorney(s) appearing for the Case

C. Barry Montgomery (argued), Christina Ketcham, Williams, Montgomery & John, Chicago, IL, for Plaintiff-Appellant.

Charles A. Weiss (argued), Bryan Cave, St. Louis, MO, for Defendant-Appellee.

Before FLAUM, Chief Judge, and POSNER and EASTERBROOK, Circuit Judges.

POSNER, Circuit Judge.

The district judge granted summary judgment for the defendant, Consolidation Coal Company, in this diversity breach of contract suit brought by Central Illinois Light Company (CILCO). 235 F.Supp.2d 916 (C.D.Ill.2002). The judge's ground was that CILCO had failed to comply with the Uniform Commercial Code's statute of frauds (codified in Illinois as 810 ILCS, ch. 5). Consolidation had been selling coal...

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