Cooperative Refinery Ass'n v. Consumers Public Power Dist. Consumers Public Power Dist. v. Cooperative Refinery Ass'n

JOHNSEN, Circuit Judge.

The action is one brought by Consumers Public Power District against Cooperative Refinery Association, to recover damages, under Nebraska law, for breach of a contract to sell fuel oil. On a trial without a jury, the court awarded damages for a part of the contract term but not for the full remaining period covered by the contract. Cooperative has appealed from the recovery allowed against it, and Consumers has cross-appealed from the limiting of its damages to the partial period.

Cooperative’s appeal covers also the trial court’s dismissal of a third-party complaint…