Legal Opinion
Aquila, Inc. v. C.W. Mining
Court of Appeals for the Tenth Circuit
Decided November 7, 2008No. 07-4255PublishedCited by 30 opinions
1Opinion of the Court
GORSUCH, Circuit Judge.
This diversity action implicates a contract between C.W. Mining (“CWM”) and Aquila, Inc. (“Aquila”), pursuant to which CWM supplied Aquila, a public utility that produces electrical power, periodic shipments of coal from CWM’s Utah mine. At trial, Aquila claimed that CWM breached the parties’ contract by failing to perform as promised and that, as a result, it had to purchase coal from other sources at prices higher than those specified in the contract. CWM conceded its failure to perform, but argued that its nonperformance was excused by virtue of a labor dispute that…
2Cases cited12 opinions
- Anderson v. City of Bessemer CitySupreme Court of the United States · 1985
- Keys Youth Services, Inc. v. City of OlatheCourt of Appeals for the Tenth Circuit · 2001
- Lucile McAulay Filippini, as of the Last Will and Testament of Carra McAulay Deceased v. United StatesCourt of Appeals for the Ninth Circuit · 1963
- Gennari v. Prudential Insurance Company of AmericaSupreme Court of Missouri · 1960
- MacArthur v. San Juan CountyCourt of Appeals for the Tenth Circuit · 2007
7 more not listed; retrieve them via the Exa API.
3Cited by30 opinions
- Middleton Ex Rel. National Financial Systems Management, Inc. v. StephensonCourt of Appeals for the Tenth Circuit · 2014
- Langford v. NorrisCourt of Appeals for the Eighth Circuit · 2010
- Turner v. Public Service Co. of ColoradoCourt of Appeals for the Tenth Circuit · 2009
- United States v. GordonCourt of Appeals for the Tenth Circuit · 2013
- In Re Williams Securities Litigation-WCG SubclassCourt of Appeals for the Tenth Circuit · 2009
25 more not listed; retrieve them via the Exa API.