UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS
June 17, 1996
UNITED STATES OF AMERICA, Plaintiff
ZEIGLER COAL HOLDING COMPANY, Defendant.
The opinion of the court was delivered by: STIEHL
STIEHL, District Judge:
Before the Court is the government's motion to reconsider the Court's Order dated January 18, 1996, denying the government's motion for summary judgment. In support thereof, the government asserts that the Court appears to have misread a contract, contained in the Court file, in making its January 18 ruling.
The Court, having considered the government's motion and the response thereto, cannot construe the contract differently. On page 19 of the contract, the plain language provides that "the base price shall be increased or decreased by an amount... for the following products ...." The contract spells out several products, all of which were listed on Zeigler Coal's capital expenditure charts contained in the Court file. The Court again notes that it could not find references describing most of the property upon which the ITC was claimed. Despite this, it is the government's burden to demonstrate that neither the contract nor any other related documents readily identify the property. To grant summary judgment at this point would relieve the government of its burden.
Accordingly, the government's motion to reconsider is DENIED.
IT IS SO ORDERED.
DATED: 17 June 1996
William D. Stiehl
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