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CENTRAL WEST VIRGINIA ENERGY v. BAYER CROPSCIENCE

Nos. 10-1706, 10-1934.

645 F.3d 267 (2011)

CENTRAL WEST VIRGINIA ENERGY, INC., Plaintiff-Appellant, v. BAYER CROPSCIENCE LP, Defendant-Appellee. Bayer Cropscience LP, Plaintiff-Appellee, v. Central West Virginia Energy, Inc., Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided: July 14, 2011.

Attorney(s) appearing for the Case

ARGUED: Robert D. Luskin , Patton Boggs, LLP, Washington, D.C., for Appellant. Bruce E. Stanley , Reed Smith, LLP, Pittsburgh, Pennsylvania, for Appellee. ON BRIEF: Benjamin G. Chew , Andrew Zimmitti , Haven G. Ward , Patton Boggs, LLP, Washington, D.C., for Appellant. Colin E. Wrabley , Reed Smith, LLP, Pittsburgh, Pennsylvania; S. Miles Dumville , Reed Smith, LLP, Richmond, Virginia, for Appellee.

Affirmed by published opinion. Judge DUNCAN wrote the opinion, in which Judge GREGORY and Senior Judge HAMILTON joined.

OPINION

DUNCAN, Circuit Judge:

In this consolidated appeal, Central West Virginia Energy ("CWVE") appeals the judgments of the United States District Courts for the Eastern District of Virginia and the Southern District of West Virginia. CWVE challenges the determinations of both district courts that a Charleston, West Virginia arbitration panel (the "Charleston Panel") properly considered the validity of a 2008 agreement between CWVE and Bayer Cropscience...

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