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RAG AMERICAN COAL COMPANY v. CYPRUS AMAX MINERALS COMPANY

299 A.D.2d 259 (2002)

750 N.Y.S.2d 284

RAG AMERICAN COAL COMPANY, Respondent, v. CYPRUS AMAX MINERALS COMPANY et al., Appellants.

Appellate Division of the Supreme Court of the State of New York, First Department.

Decided November 21, 2002.

By "Stock Purchase and Sale Agreement" dated May 12, 1999, plaintiff RAG American Coal Company (RAG) contracted to acquire Cyprus Amax Coal Company (Coal) from defendants. At the time, defendant Amax Energy, Inc. owned 100% of Coal's stock and defendant Cyprus Amax Minerals Company (Cyprus) was Amax's parent company. The RAG attorney that Cyprus wants disqualified, Greg Walker, RAG's general counsel, had been, before the acquisition...

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