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BCBE PROPERTIES, LLC v. LAND-O-SUN DAIRIES, LLC

No. 2:06CV00016.

433 F.Supp.2d 723 (2006)

BCBE PROPERTIES, LLC, Plaintiff, v. LAND-O-SUN DAIRIES, LLC, Defendant.

United States District Court, W.D. Virginia, Big Stone Gap Division.

May 22, 2006.

Attorney(s) appearing for the Case

Jeffery A. Sturgill, Sturgill & Kennedy, Wise, VA, for Plaintiff.

Steven R. Minor, Elliott Lawson & Minor, Bristol, VA, for Defendant.

OPINION AND ORDER

JONES, Chief Judge.

In this action under Virginia law for specific performance of a real estate contract, the issue is whether the terms of the contract leave the purchaser without a remedy. I find that it spite of the contract's terms the purchaser may still have a remedy. Accordingly, I will deny the seller's Motion to Dismiss.

I

The facts as alleged in the Complaint and its exhibits, which facts I must accept for the...

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