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VG ELEC. & POWER CO. v. BRANSEN ENERGY, INC.

No. 16-1254.

850 F.3d 645 (2017)

VIRGINIA ELECTRIC AND POWER COMPANY, d/b/a Dominion Virginia Power, Plaintiff-Appellee, v. BRANSEN ENERGY, INC., f/k/a Bransen Energy, LLC, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided: March 9, 2017.

Attorney(s) appearing for the Case

ARGUED: Sam Preston Burchett , SAM P. BURCHETT ATTORNEY AT LAW, Lexington, Kentucky, for Appellant. Benjamin L. Hatch , MCGUIREWOODS LLP, Norfolk, Virginia, for Appellee. ON BRIEF: E. Duncan Getchell, Jr. , J. William Boland , Ryan D. Frei , Katherine Mims Crocker , MCGUIREWOODS LLP, Richmond, Virginia, for Appellee.

Affirmed by published opinion. Judge Thacker wrote the opinion, in which Chief Judge Gregory and Judge Harris joined.

Seeking fuel for a newly constructed power plant, Virginia Electric and Power Company, doing business as Dominion Virginia Power ("Dominion"), contracted with Bransen Energy, Inc. ("Bransen"), and paid nearly $27 million for coal product which would satisfy rigid specifications and environmental regulations. However, the...

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