Progress Energy asked the 4th District Court of Appeal on Tuesday to reverse a $133 million breach of contract judgment for U.S. Global, claiming their contract barred the kind of damages the jury awarded.

The Broward Circuit Court award favored Lighthouse Point-based U.S. Global, which claimed loss of commissions and minority property rights in four Wyoming facilities that made synthetic fuel from coal. The jury in Circuit Judge Jeffrey Streitfeld’s court found Raleigh, North Carolina-based Progress Energy breached an asset purchase agreement.

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