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GEORGIA POWER CO. v. CIMARRON COAL CORP.

Nos. 75-1542, 75-1543.

526 F.2d 101 (1975)

GEORGIA POWER COMPANY, Plaintiff-Appellant, Cross-Appellee, v. CIMARRON COAL CORPORATION, Defendant-Appellee, Cross-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided December 9, 1975.

Certiorari Denied April 26, 1976.

Attorney(s) appearing for the Case

Martin Roach, Roach, Cox & Brown, Louisville, Ky., Allen E. Lockerman, Michael C. Murphy, J. Kirk Quillian, Troutman, Sanders, Lockerman & Ashmore, Atlanta, Ga., for plaintiff-appellant, cross-appellee.

John Scott McGaw, Moore, Morrow, Frymire & McGaw, Madisonville, Ky., W. Stuart McCloy, Sr., W. Stuart McCloy, Jr., McCloy, Dudley, Yawn & McCloy, Memphis, Tenn., for defendant-appellee, cross-appellant.

Before PHILLIPS, Chief Judge, and MILLER and LIVELY, Circuit Judges.

LIVELY, Circuit Judge.

The issue in this case is whether a dispute between the parties to a longterm fuel supply agreement is subject to arbitration. The coal supply agreement (Agreement) provided that for a period of ten years beginning January 1, 1970 Cimarron would "tender for delivery" and Georgia Power would purchase quantities of coal set out therein. The Agreement provided for a base price per ton of coal of $4.03...

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