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SOUTHERN COAL CORPORATION v. DRUMMOND COAL SALES

No. 20-14560.

25 F.4th 864 (2022)

SOUTHERN COAL CORPORATION, James C. Justice, II, Plaintiff-Counter Defendants-Appellee-Cross Appellants, v. DRUMMOND COAL SALES, INC., Defendant-Counter Claimant-Appellant-Cross Appellee.

United States Court of Appeals, Eleventh Circuit.

Filed: February 4, 2022.

Attorney(s) appearing for the Case

Jon Geoffrey Hogue , Counsel, Timothy Murray , Michelle Dawn Smith , Murray Hogue & Lannis, Pittsburgh, PA, John D. Dalbey , Chilivis Grubman Dalbey & Warner, LLP, Atlanta, GA, Sarah Trevena Gordon , Smith Gambrell & Russell, LLP, Atlanta, GA, Stefan C. Passantino , Michael Best & Friedrich LLP, Washington, DC, for Plaintiffs-Appellees-Cross Appellants.

Huey Thomas Wells, III , William Anthony Davis, III , Benjamin T. Presley , Starnes Davis Florie, LLP, Birmingham, AL, Robert Conrad Khayat, Jr. , The Khayat Law Firm, Atlanta, GA, for Defendant-Appellant-Cross Appellee.

Before Wilson, Lagoa, and Ed Carnes, Circuit Judges.

This appeal concerns a pricing dispute over a contract to transfer and store coal between plaintiff Southern Coal Corporation (Southern Coal) and defendant Drummond Coal Sales (Drummond). The district court found Southern Coal breached the contract and awarded a judgment in favor of Drummond in the amount of $6,860,000. Drummond...

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