Delta Mining Corporation v. Big Rivers Electric Corporation

COFFEY, Circuit Judge.

In January 1977, Big Rivers Electric Corporation (“Big Rivers”), a Kentucky electric-power generating cooperative, entered into a 10-year coal-supply contract with a local coal-mining corporation 1 which later merged with the plaintiff, Delta Mining Corporation (“Delta”), an Indiana coal-mining corporation. After the term of the contract had expired, Delta brought this suit alleging a breach of contract and seeking more than $18 million in damages from Big Rivers for its refusal to accept delivery of or pay for roughly % million tons of coal that Delta claimed remained…