HEMENWAY V. PEABODY COAL CO. 159 F.3d 255 (7th Cir. 1998) CASE BRIEF

HEMENWAY V. PEABODY COAL CO.

159 F.3d 255 (7th Cir. 1998)

NATURE OF THE CASE: Hemenway (P), assignees, sought review of a judgment that granted partial summary judgment in their favor and rejected the theory that Coal (D) defrauded them and dismissed that part of plaintiffs' claim pursuant to Fed. R. Civ. P. 12(b)(6).

FACTS: A mineral lease signed in 1969 requires D to pay a royalty based on the coal's 'sales price'. Congress enacted two excise taxes. The lease defines 'sales price' unhelpfully as the 'average invoice price of coal mined, removed and sold'. Are excise taxes part of the 'average invoice price'?

ISSUE:

RULE OF LAW:

HOLDING AND DECISION:

LEGAL ANALYSIS:

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