IN RE CLEARWATER NATURAL RESOURCES, LP

Bankruptcy No. 09-70011. Adversary No. 09-7007.

421 B.R. 392 (2009)

In re CLEARWATER NATURAL RESOURCES, LP, et al. Debtors. Miller Bros. Coal, LLC, Plaintiff v. Consol of Kentucky, Inc., Defendant.

United States Bankruptcy Court, E.D. Kentucky, Pikeville Division.

December 11, 2009.


Attorney(s) appearing for the Case

Chrisandrea L. Turner, Mary L. Fullington, Lexington, KY, Erika A. Tristan, James A. Reeder, Jr., Stacy M. Neal, Tracey R. Keegan, Houston, TX, Tonya M. Ramsey, Dallas, TX, for Plaintiff.

Sally E. Edison, McGuireWoods LLP, Pittsburgh, PA, for Defendant.


MEMORANDUM OPINION

WILLIAM S. HOWARD, Bankruptcy Judge.

This matter is before the court for determination of damages owed to the Plaintiff by the Defendant following the trial conducted herein on August 24-26, 2009 and September 3, 2009. The Plaintiff, one of the jointly administered Debtors, filed its Complaint on May 18, 2009, seeking a judgment on various counts based on the Defendant's declaration of force majeure under the parties' contract...

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