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BPI ENERGY HOLDINGS, INC. v. IEC (MONTGOMERY), LLC

No. 10-3871.

664 F.3d 131 (2011)

BPI ENERGY HOLDINGS, INC., et al., Plaintiffs-Appellants, v. IEC (MONTGOMERY), LLC, et al., Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided December 8, 2011.

Attorney(s) appearing for the Case

Jon D. Robinson (argued), Attorney, Bolen Robinson & Ellis, Decatur, IL, for Plaintiffs-Appellants.

Paul R. Elliott (argued), Attorney, Baker Botts LLP, Houston, TX, for Defendants-Appellees.

Before POSNER, SYKES, and HAMILTON, Circuit Judges.

POSNER, Circuit Judge.

The plaintiffs, affiliated corporations that we'll refer to jointly as BPI, are producers of "coal bed methane" gas, a form of natural gas present in coal seams. (Natural gas is methane. We'll call coal bed methane gas simply "the gas"; the trade calls it CBM.) The defendants comprise a large private coal-mining company named Drummond Company, Inc., see www.drummondco.com (visited Dec. 5, 2011) and a number of limited liability companies...

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