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COMMONWEALTH EDISON CO. v. DECKER COAL CO.

No. 84 C 9573.

612 F.Supp. 978 (1985)

COMMONWEALTH EDISON COMPANY, Plaintiff, v. DECKER COAL COMPANY, Defendant.

United States District Court, N.D. Illinois, E.D.

July 2, 1985.

Attorney(s) appearing for the Case

Paul W. Schroeder, Pamela B. Strobel, Isham, Lincoln & Beale, Chicago, Ill., for plaintiff.

Stephen R. Patton, Kirkland & Ellis, Chicago, Ill., for defendant.

MEMORANDUM AND ORDER

MORAN, District Judge.

Commonwealth Edison Company's (Edison) motion for judgment on the pleadings raises the question whether Decker Coal Company (Decker) repudiated two contracts between the parties covering the purchase, mining and delivery of 462,000 tons of coal. Because it is far from clear as a matter of law that Decker repudiated the contracts, Edison's motion is denied.

FACTS

On June 4, 1982, Decker and Edison...

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