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DRUMMOND COAL SALES v. NORFOLK SOUTHERN RAILWAY

No. 20-1871, No. 20-1920.

3 F.4th 605 (2021)

DRUMMOND COAL SALES, INC., Plaintiff-Appellee, v. NORFOLK SOUTHERN RAILWAY COMPANY, Defendant-Appellant. Drummond Coal Sales, Inc., Plaintiff-Appellant, v. Norfolk Southern Railway Company, Defendant-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided: June 29, 2021.

Attorney(s) appearing for the Case

ARGUED: Carter Glasgow Phillips , SIDLEY AUSTIN LLP, Washington, D.C., for Appellant/Cross-Appellee. Huey Thomas Wells, III , STARNES DAVIS FLORIE LLP, Birmingham, Alabama, for Appellee/Cross-Appellant. ON BRIEF: R. Braxton Hill, IV , Michael W. Smith , Roman Lifson , CHRISTIAN & BARTON, LLP, Richmond, Virginia; Raymond A. Atkins , Tobias S. Loss-Eaton , Cody L. Reaves , SIDLEY AUSTIN LLP, Washington, D.C., for Appellant/Cross-Appellee. William A. Davis, III , Benjamin T. Presley , STARNES DAVIS FLORIE LLP, Birmingham, Alabama; Monica T. Monday , W. David Paxton , GENTRY LOCKE, LLP, Roanoke, Virginia, for Appellee/Cross-Appellant.

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

After a six-day trial, a jury returned a special verdict finding Norfolk Southern Railway Company materially breached its contract with Drummond Coal Sales, Inc. Based on that finding of material breach, the district court entered a declaratory judgment for Drummond and awarded limited equitable relief. In this consolidated...

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