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CQ, INC. v. TXU MIN. CO., L.P.

No. 07-11134.

565 F.3d 268 (2009)

CQ, INC., Plaintiff-Appellant, v. TXU MINING COMPANY, L.P., Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

April 9, 2009.

Attorney(s) appearing for the Case

James David Jordan (argued) and David Mizgala, Munsch, Hardt, Kopf & Harr, P.C., LaDawn H. Conway, Alexander Dubose & Townsend LLP, Dallas, TX, for Plaintiff-Appellant.

Robert Kenneth Wise (argued), Miles B. Haberer, Thomas Foster Lillard, Hunton & Williams LLP, Dallas, TX, for Defendant-Appellee.

Before WIENER, GARZA, and DeMOSS, Circuit Judges.

EMILIO M. GARZA, Circuit Judge:

In this contract dispute, Appellant CQ, Inc. ("CQ") appeals the district court's resolution of the parties' cross-motions for summary judgment in favor of Appellee TXU Mining Company, L.P. ("TXU"). CQ also appeals the exclusion of its expert testimony on damages. For the following reasons, we affirm the judgment of the district court.

I

This dispute arises out of a failed partnership to clean lignite, a type of low...

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