United States Seventh Circuit

In a contract dispute arising from an agreement to transport coal, district court's grant of defendant's motion for summary judgment is affirmed where: 1) the defendant was justified in invoking a force majeure clause that authorized it to increase its rate for shipping the coal; and 2) the defendant did not breach its duty of good-faith performance of its contractual obligations as it made a reasonable effort to comply with the shipping schedule.

Appellate Information

• Argued 01/07/2009
• Decided 03/02/2009
• Published 03/02/2009

Judges

• POSNER, Circuit Judge., Before POSNER, RIPPLE, and ROVNER, Circuit Judges.

Court

• United States Seventh Circuit

Counsel

• For Appellant:
  
• Matthew W. O'Neill, Attorney, Friebert, Finerty & St. John, Milwaukee, WI, Frank J. Pergolizzi, Attorney (argued), Slover & Loftus, Washington, DC, for Plaintiff-Appellant.


• For Appellees:
  
• James M. Yeretsky (argued), Yeretsky & Maher LLC, Overland Park, KS, for Defendant-Appellee.