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GULF POWER CO. v. COALSALES II, L.L.C.

Case No. 3:06cv270/MCR/MD.

661 F.Supp.2d 1270 (2009)

GULF POWER COMPANY, Plaintiff, v. COALSALES II, L.L.C. f/k/a/ Peabody Coalsales Company, Defendant.

United States District Court, N.D. Florida, Pensacola Division.

September 30, 2009.

Attorney(s) appearing for the Case

James Nixon Daniel, Charles Thomas Wiggins, Steven Richard Griffin, Thomas Frederic Gonzalez, Beggs & Lane RLLP, Pensacola, FL, for Plaintiff.

Brian H. Kirkland, Kirkland & McGhee PA, Stephen F. Bolton, Hook Bolton Mitchell etc., Pensacola, FL, Alan E. Popkin, David W. Sobelman, Greg G. Gutzler, James F. Monafo, Tamara M. Spicer, Husch Blackwell Sanders LLP, St. Louis, MO, for Defendant.

ORDER

M. CASEY RODGERS, District Judge.

In this diversity action, Plaintiff Gulf Power Company ("Gulf Power") sues Defendant Coalsales II, LLC ("Coalsales") for breach of a contract for the purchase and sale of coal. Presently before the court are Gulf Power's motion for partial summary judgment on the issue of liability (doc. 54) and Coalsales' motion for summary judgment on the ground that its obligations under the contract were excused by a

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