Union Carbide Corp. v. Consumers Power Co.

MEMORANDUM OPINION AND ORDER

JOINER, District Judge.

This dispute arises out of a contract between Union Carbide Corporation (“Union Carbide”) and Consumers Power Company (“Consumers”) for the purchase of large quantities of residual fuel oil. Plaintiff Union Carbide alleges that Consumers breached this contract by refusing to accept further deliveries of the oil. Both parties have filed motions asking this court to determine the appropriate measure of damages to be applied if a breach is determined to have occurred.

FACTUAL BACKGROUND

The facts of the case which are relevant to these motions are…