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WAHLCOMETROFLEX, INC. v. WESTAR ENERGY, INC.

No. 13-3268.

773 F.3d 223 (2014)

WAHLCOMETROFLEX, INC., Plaintiff-Counter-Defendant-Appellant, v. WESTAR ENERGY, INC., Defendant-Counter-Claimant-Appellee.

United States Court of Appeals, Tenth Circuit.

December 2, 2014.

Attorney(s) appearing for the Case

William E. Corum (and David M. Buffo of Husch, Blackwell, L.L.P., with him on the briefs), Kansas City, MO, for Plaintiff-Counter-Defendant-Appellant.

Michael E. Callahan (and Angela G. Nichols of Stinson, Leonard, Street, L.L.P., with him on the brief), Kansas City, MO, for Defendant-Counter-Claimant-Appellee.

Before KELLY, LUCERO, and HARTZ, Circuit Judges.

This case involves a dispute over the meaning and application of a liquidated damages provision under Kansas law. The district court held that Defendant Westar Energy, Inc. (Westar) did not need to establish that Plaintiff Wahlcometroflex Inc.'s (Wahlco) late delivery of equipment actually delayed Westar's production schedule...

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