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PT KALTIM PRIMA COAL v. AES BARBERS POINT, INC.

No. 00 Civ. 7196 AKH.

180 F.Supp.2d 475 (2001)

PT KALTIM PRIMA COAL, Plaintiff, v. AES BARBERS POINT, INC., Defendant.

United States District Court, S.D. New York.

December 18, 2001.

Attorney(s) appearing for the Case

Cary Samowitz, Lord, Bissell & Brook, New York City, for plaintiff.

Kelli C. McTaggart, Joe Robert Caldwell, Jr., Miller, Cassidy, Larroca & Lewin, Washington, DC, Richard H. Dolan, Schlam Stone & Dolan, New York City, for defendant.

OPINION AND ORDER

HELLERSTEIN, District Judge.

This case arises from a twenty-year requirements contract for coal, in effect since January 1990. The plaintiff-supplier, PT Kaltim Prima Coal ("KPC"), claims that the defendant-purchaser breached the contract by refusing to accept delivery of September and October 2000 shipments. The defendant-purchaser, AES Barbers Point, Inc. ("AES"), claims that its refusal was excused by the supplier's invocation...

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