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JEWELL COKE CO., L.P. v. ARCELORMITTAL USA, INC.

Case Nos. 1:10-CV-1946, 1:10-CV-362.

756 F.Supp.2d 858 (2010)

JEWELL COKE COMPANY, L.P., Plaintiff, v. ARCELORMITTAL USA, INC., Defendant.

United States District Court, N.D. Ohio.

December 27, 2010.

Attorney(s) appearing for the Case

Hugh E. McKay , Charles W. Zepp , Porter, Wright, Morris & Arthur, Cleveland, OH, for Plaintiff.

Elissa L. Isaacs , Steptoe & Johnson, Chicago, IL, George R. Calhoun, V , Steptoe & Johnson, Washington, DC, John M. Alten , Paula Gallito Shakelton , Ulmer & Berne, Cleveland, OH, for Defendant.

OPINION & ORDER [Resolving Doc. No. 28]

JAMES S. GWIN, District Judge:

In this contract dispute, Plaintiff and Counter-Defendant Jewell Coke Company ("Jewell") moves the Court to dismiss the counter-claim filed by the Defendant and Counter-Claimant, ArcelorMittal USA, Inc. ("ArcelorMittal USA") under Federal Rule of Civil Procedure 12(b)(6) for failure to state a claim upon which relief can be granted. [Doc. 28-1.] ArcelorMittal USA opposes the motion...

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