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

Case No. 1:10CV00029.

808 F.Supp.2d 851 (2011)

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

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

May 16, 2011.

Attorney(s) appearing for the Case

Wade W. Massie and Timothy K. Lowe , Penn, Stuart & Eskridge, Abingdon, VA, for Plaintiff.

Howard C. McElroy , McElroy, Hodges, Caldwell & Thiessen, Abingdon, VA, and Robert J. Hannen , Thorp Reed & Armstrong, LLP, Pittsburgh, PA, for Defendant.

OPINION AND ORDER

JAMES P. JONES, District Judge.

This is an action under the court's diversity jurisdiction, brought by a coal purchaser against the seller for an alleged failure to deliver the coal promised. The defendant has counterclaimed on the ground that the buyer allegedly breached the contract. The case is to be tried without a jury and the immediate issue before the court is the plaintiff's pretrial motion to exclude the defendant's expert witness...

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