Legal Opinion

Utica Mutual Insurance v. Vigo Coal Co.

Court of Appeals for the Seventh Circuit

Decided December 20, 2004No. 04-1015, 04-1107PublishedCited by 3 opinions

1Opinion of the Court

POSNER, Circuit Judge.

This diversity suit for breach of a sure-tyship contract, decided in favor of the defendants after a bench trial, presents questions primarily relating to the contract-law doctrine of “novation,” but more broadly to principles of contract interpretation; all the questions are governed by the common law of Indiana.

In 1991 defendant Vigo purchased Buck Creek Coal, which operated a coal mine and was required by both federal and state law to post reclamation bonds as a condition of being permitted to operate the mine. 30 U.S.C. § 1259(a); 30 C.F.R. § 800.20; Ind.Code §…

2Cases cited72 opinions

  1. Oscar Gruss & Son, Inc., Plaintiff-Counter-Defendant-Appellee-Cross-Appellant v. Yossie Hollander, Defendant-Counter-Claimant-Appellant-Cross-AppelleeCourt of Appeals for the Second Circuit · 2003
  2. Winkler v. V.G. Reed & Sons, Inc.Indiana Supreme Court · 1994
  3. Frank M. Rosetto, Individually and as Representatives of a Class of Similarly Situated Persons v. Pabst Brewing Company, Inc.Court of Appeals for the Seventh Circuit · 2000
  4. Pmc, Inc. v. Sherwin-Williams CompanyCourt of Appeals for the Seventh Circuit · 1998
  5. Beanstalk Group, Inc. v. Am General Corporation and General Motors CorporationCourt of Appeals for the Seventh Circuit · 2002

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3Cited by3 opinions

  1. Utica Mutual Insurance Company v. Vigo Coal Company, Inc.Court of Appeals for the Seventh Circuit · 2004
  2. Sutter Insurance Company v. Applied Systems, Inc.Court of Appeals for the Seventh Circuit · 2004
  3. Sutter Insurance Co v. Applied Systems IncCourt of Appeals for the Seventh Circuit · 2004

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