Iowa Electric Light and Power Company v. Atlas Corporation

HENLEY, Circuit Judge.

Atlas Corporation appeals from orders of the district court 1 denying without prejudice Atlas’ motion for restitution. We affirm.

Atlas contracted in 1973 to supply uranium oxide (U308 or yellowcake) to Iowa Electric for use in IE’s nuclear power plant. The contract, as modified in 1975, obligated Atlas to deliver specified quantities of uranium oxide in the years 1976-79. By the time deliveries were to begin, however, the market price of yellowcake had risen substantially. Atlas made deliveries in 1976 which, although untimely, were accepted by IE. IE was unsuccessful in…