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TRAXYS NORTH AMERICA, LLC v. CONCEPT MINING, INC.

Case No. 1:10CV00029.

808 F.Supp.2d 853 (2011)

TRAXYS NORTH AMERICA, LLC, Plaintiff, v. CONCEPT MINING, INC., Defendant.

United States District Court, W.D. Virginia, Abingdon Division.

August 25, 2011.

Attorney(s) appearing for the Case

Wade W. Massie , Penn, Stuart & Eskridge, Abingdon, VA, for Plaintiff.

Robert J. Hannen and Dennis J. Buffone , Thorp Reed & Armstrong, LLP, Wheeling, WV, and Howard C. McElroy , McElroy, Hodges, Caldwell & Thiessen, Abingdon, VA, for Defendant.

OPINION

JAMES P. JONES, District Judge.

The defendant in this civil diversity case, Concept Mining, Inc. ("Concept"), a coal mining company, agreed to sell coal to the plaintiff, Traxys North America, LLC ("Traxys"), a company in the business of buying and reselling coal. Traxys contends that Concept breached that agreement, causing Traxys damages based on a later increase in the price of similar coal. After a two-day bench trial, I set forth in this Opinion...

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