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American Land Holdings of Indiana, LLC v. Jobe

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ARGUED MARCH 30, 2010

Before POSNER, ROVNER, and TINDER, Circuit Judges.

This diversity suit, brought by affiliates of the Peabody Energy Corporation (for simplicity we’ll pretend there is a single plaintiff and call it Peabody), seeks both a declaration that Peabody has the right to strip mine coal on the defendants’ land, and specific performance of an option to purchase the land. The land is in Indiana, and the substantive issues in the case are governed by Indiana law. The district judge, after conducting a bench trial, entered judgment for the defendants, 655 F. Supp. 2d 882 (S.D. Ind. 2009), and Peabody appeals. One of the defendants (Alexander) cross-appeals-improperly, because he is seeking not to modify the judgment but merely to defend it (so far as it affects him) on an alternative ground to the district judge’s. WellPoint, Inc. v. Commissioner, 599 F.3d 641, 647-51 (7th Cir. 2010). The other defendants also filed a cross-appeal, but have dismissed it.

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