Legal Opinion

Georgia Power Company, Cross-Appellee v. Cimarron Coal Corporation, Cross-Appellant

Court of Appeals for the Sixth Circuit

Decided April 26, 1976No. 75-1542, 75-1543PublishedCited by 27 opinions

1Opinion of the Court

LIVELY, Circuit Judge.

The issue in this case is whether a dispute between the parties to a long-term 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 as of the date of the Agreement “subject to adjustment from time to time . . . .” Specific provisions of the Agreement dealt with the computation of adjustments in base price…

2Cases cited12 opinions

  1. Tampa Electric Co. v. Nashville Coal Co.Supreme Court of the United States · 1961
  2. Shanferoke Coal & Supply Corp. v. Westchester Service Corp.Supreme Court of the United States · 1935
  3. General Guaranty Insurance Company v. New Orleans General Agency, Inc.Court of Appeals for the Fifth Circuit · 1970
  4. Shanferoke Coal & Supply Corp. of Delaware v. Westchester Service Corp.Court of Appeals for the Second Circuit · 1934
  5. Galt v. Libbey-Owens-Ford Glass Co.Court of Appeals for the Seventh Circuit · 1967

7 more not listed; retrieve them via the Exa API.

3Cited by27 opinions

  1. Par-Knit Mills, Inc. v. Stockbridge Fabrics Company, Ltd.Court of Appeals for the Third Circuit · 1980
  2. Republic of Nicaragua, a Foreign Sovereign v. Standard Fruit Company, Standard Fruit and Steamship Company, and Castle & Cooke, Inc.Court of Appeals for the Ninth Circuit · 1991
  3. Mediterranean Enterprises, Inc. v. Ssangyong Corp.Court of Appeals for the Ninth Circuit · 1983
  4. The Cincinnati Gas & Electric Company and the Dayton Power and Light Company v. Benjamin F. Shaw CompanyCourt of Appeals for the Sixth Circuit · 1983
  5. King County v. Boeing CompanyCourt of Appeals of Washington · 1977

22 more not listed; retrieve them via the Exa API.

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