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XCELL ENERGY & COAL COMPANY, LLC v. EMERALD INTERNATIONAL CORPORATION

No. 2010-CA-000368-MR..

XCELL ENERGY & COAL COMPANY, LLC, APPELLANT, v. EMERALD INTERNATIONAL CORPORATION, APPELLEE.

Court of Appeals of Kentucky.

February 18, 2011.

Attorney(s) appearing for the Case

James H. Moore, III , Scott Sennett , Ashland, Kentucky, Brief for Appellant:

Mark T. Hayden Cincinnati, Ohio, Brief for Appellee:

Before: CLAYTON, COMBS, and WINE, Judges.

Not to be Published

OPINION

COMBS, Judge:

Xcell Energy & Coal Company, LLC appeals from a summary judgment granted in favor of Emerald International Corporation by the Kenton Circuit Court in an action for breach of contract. The trial court concluded that the parties' contract plainly provided for its cancellation, that there were no genuine issues of material fact to be resolved, and that Emerald International was entitled to judgment as...

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