Legal Opinion
Wisconsin Electric Power Co. v. Union Pacific Railroad
Court of Appeals for the Seventh Circuit
Decided March 2, 2009No. 08-2693PublishedCited by 18 opinions
1Opinion of the Court
POSNER, Circuit Judge.
WEPCO, an electric utility that is the plaintiff in this diversity suit for breach of contract (governed by Wisconsin law), appeals from the grant of summary judgment to the defendant, the Union Pacific railroad. The contract was for the transportation of coal to WEPCO from coal mines in Colorado between the beginning of 1999 and the end of 2005. The appeal presents two issues: whether a force maj-eure clause in the contract authorized the railroad to increase its rate for shipping the coal, and whether the railroad breached its duty of good-faith performance of its…
2Cases cited23 opinions
- Globe Refining Co. v. Landa Cotton Oil Co.Supreme Court of the United States · 1903
- DeValk Lincoln Mercury, Inc. v. Ford Motor Co.Court of Appeals for the Seventh Circuit · 1987
- Market Street Associates Limited Partnership and William Orenstein v. Dale FreyCourt of Appeals for the Seventh Circuit · 1991
- Northern Indiana Public Service Company, an Indiana Corporation v. Carbon County Coal Company, a PartnershipCourt of Appeals for the Seventh Circuit · 1986
- Compel Arbitration Between S & R Co. of Kingston v. Latona Trucking, Inc.Court of Appeals for the Second Circuit · 1998
18 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Shields Ltd. Partnership v. BradberryTexas Supreme Court · 2017
- Avantax Wealth Management, Inc v. Marriott Hotel Servs., Inc.Court of Appeals for the Sixth Circuit · 2024
- Swanson v. Bank of America, N.A.Court of Appeals for the Seventh Circuit · 2009
- 55 Oak Street LLC v. RDR Enterprises, Inc.Supreme Judicial Court of Maine · 2022
- Lake Charles Xxv, LLC v. United StatesUnited States Court of Federal Claims · 2014
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