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INGRAM COAL CO. v. MOWER LTD. PARTNERSHIP

No. 87-2194.

892 F.2d 363 (1989)

INGRAM COAL COMPANY, a corporation, Plaintiff-Appellee, v. MOWER LIMITED PARTNERSHIP, A West Virginia Limited Partnership, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided December 21, 1989.

Attorney(s) appearing for the Case

Christopher Sax Smith (Eugene R. Hoyer, Hoyer, Hoyer and Smith, Charleston, W.Va., on brief), for defendant-appellant.

Steven Paul McGowan, Charleston, W.Va. (Herbert G. Underwood, Clarksburg, W.Va., Steptoe & Johnson, Charleston, W.Va., on brief), for plaintiff-appellee.

Before WIDENER, Circuit Judge, ELLIS, United States District Judge for the Eastern District of Virginia, sitting by designation, and MacKENZIE, Senior United States District Judge for the Eastern District of Virginia, sitting by designation.

WIDENER, Circuit Judge:

In June 1983 Ingram Coal Company sold certain of its assets to Mower Lumber Company and NewEra Resources Corporation (predecessors in interest to the appellant, Mower Limited Partnership). The sale included the Cheat Bridge Coal Preparation Plant in Randolph County, W.Va., and the rights to certain coal leases in the surrounding area. The transaction was memorialized by a written Asset Purchase and Sale Agreement dated June 15, 1983. In this...

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