Teco Coal Corporation et al v. Orlando Utilities Commission
| 6:2007cv00444 |
| December 21, 2007 |
| US District Court for the Eastern District of Kentucky |
| London Office |
| Karen K. Caldwell |
| Contract: Other |
| 28 U.S.C. ยง 2201 Declaratory Judgement |
| Plaintiff |
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Filing
26
OPINION & ORDER: The Court orders that: 1) the Buyer's motion to dismiss 13 is GRANTED in part and DENIED IN PART; 2) the Motion to Dismiss is GRANTED as to the Seller's claim under Fla. Stat. 672.305(1) and the Sellers' claim that th e contract contains a latent ambiguity and those claims are DISMISSED; and 3) the Motion to Dismiss is DENIED as to the Sellers' claim that their performance under the Contract is commercially impracticable.. Signed by Judge Karen K. Caldwell on 9/30/08.(SWA)cc: COR
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