A & G COAL CORP. v. INTEGRITY COAL SALES, INC.

Case No. 2:08CV00052.

600 F.Supp.2d 709 (2009)

A & G COAL CORPORATION, et al., Plaintiffs, v. INTEGRITY COAL SALES, INC., Defendant.

United States District Court, W.D. Virginia, Big Stone Gap Division.

March 6, 2009.


Attorney(s) appearing for the Case

Francis H. Casola, Woods Rogers, P.L.C., Roanoke, VA, and Elsey A. Harris, III, Mullins, Harris & Jessee, Norton, VA, for Plaintiffs.

Mark E. Feldmann and Patrick R. Kelly, Glenn, Feldmann, Darby & Goodlatte, Roanoke, VA, for Defendant.


OPINION

JAMES P. JONES, Chief Judge.

In this contract dispute, the present issue is whether the matter is subject to binding arbitration pursuant to an arbitration clause contained in a written purchase order signed by the parties. While the plaintiffs contend that the arbitration clause is not effective because the contract as a whole was subject to a condition precedent to formation that was never met, I find that arbitration is required because arbitration...

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