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HICKMAN, WILLIAMS & CO. v. INGRAM COAL CO.

Civ. A. No. 3:83-0394.

601 F.Supp. 5 (1984)

HICKMAN, WILLIAMS AND COMPANY, Plaintiff, v. INGRAM COAL COMPANY, etc., Defendant and Third-party plaintiff, v. P. & C. BITUMINOUS COAL COMPANY, INC., Third-party defendant.

United States District Court, M.D. Tennessee, Nashville Division.

January 9, 1984.

Attorney(s) appearing for the Case

Barbara Moss, Gullett, Sanford & Robinson, Nashville, Tenn., for plaintiff.

Jay Bowen, Bass, Berry & Simms, Nashville, Tenn., for defendant and third-party plaintiff.

David G. Gray, Nashville, Tenn., for third-party defendant P. & C. Bituminous Coal Co., Inc.

MEMORANDUM OPINION AND ORDER

NEESE, Senior District Judge, sitting by designation.

This is a diversity-action, 28 U.S.C. § 1332(a)(1), (c), in which the plaintiff seeks reimbursement for demurrage1 it paid to the carrier of certain coal it had sold to the defendant. The defendant moved for a summary judgment on that claim and, alternatively, on its third-party claim. Rule 56(a), (b), F.R.Civ.P. Such motion lacks merit.<...

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