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IN RE BUFFALO COAL CO., INC.

Bankruptcy No. 06-bk-00366. Adversary No. 08-ap-00038.

418 B.R. 878 (2009)

In re BUFFALO COAL COMPANY, INC., Debtor. John W. Teitz, as Trustee of the Estate of Buffalo Coal Company, Inc., Plaintiff, v. Virginia Electric and Power Company, d/b/a Dominion Virginia Power, Defendant.

United States Bankruptcy Court, N.D. West Virginia.

September 30, 2009.

Attorney(s) appearing for the Case

Christopher S. Smith, David A. Hoyer, Hoyer, Hoyer & Smith, PLLC, Charleston, WV, Denise Knouse-Snyder, Phillips, Gardill, Kaiser & Altmeyer PLL, Wheeling, WV, for Debtor.

Joseph Friedman, Kerri L. Coriston, Kimberly Luff Wakim, Kristin M. McCormish, Lauren D. Rushak, Michael Kaminski, Robert J. Hannen, Robert J. Ridge, Thorp Reed & Armstrong, LLP, Pittsburgh, PA, for Plaintiffs.

Aaron G. McCollough, Bryan A. Stark, Christina M. Jones, Dion W. Hayes, Richard J. Cromwell, J. Brent Justus, McGuireWoods LLP, Richmond, VA, Marie Bechtel, Phillips, Gardill, Kaiser & Altmeyer, Wheeling, WV, James A. Walls, Spilman Thomas & Battle, PLLC, Morgantown, WV, Jonathan P. Guy, Washington, DC, Orrick, Herrington & Sutcliffe, LLP, for Defendants.

MEMORANDUM OPINION

PATRICK M. FLATLEY, Bankruptcy Judge.

Dominion Virginia Power ("DVP") seeks summary judgment on an adversary complaint filed by John W. Teitz (the "Trustee"), as chapter 7 trustee for the estate of Buffalo Coal Company, Inc. (the "Debtor"), for breach of contract and indemnity arising from DVP's pre-petition termination of a coal supply agreement between DVP and the Debtor.

In the alternative, DVP requests entry of partial...

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