Midwest Generation, LLC v. Carbon Processing & Reclamation, LLC

MEMORANDUM OPINION AND ORDER

BUCKLO, District Judge.

Plaintiff, Midwest Generation, LLC (“Midwest”) is an independent producer of power and electricity with its principal place of business in Chicago, Illinois. Defendant, Carbon Processing and Reclamation, LLC (“Carbon”) is a limited liability company with its principal place of business in Birmingham, Alabama. On September 14, 2004, Midwest issued a Request for Proposal (the “RFP”) seeking buyers for approximately 300,000 barrels of fuel oil stored in Tanks 02 and 03 at its Collins Generating Station in Morris, Illinois. The RFP stated that…