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WELLMORE COAL CO. v. POWELL CONST. CO., INC.

Civ. A. Nos. 81-0019-B, 83-0278-B.

600 F.Supp. 1042 (1984)

WELLMORE COAL COMPANY, Plaintiff, v. POWELL CONSTRUCTION CO., INC., et al, Defendants.

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

December 5, 1984.

Attorney(s) appearing for the Case

George S. Coakley, Cleveland, Ohio, Henry Keuling-Stout, Norton, Va., for plaintiff.

Richard T. Sowell, Knoxville, Tenn., Jim H. Guynn, Roanoke, Va., Jackson S. White, Jr., Abingdon, Va., for defendants.

MEMORANDUM OPINION

GLEN M. WILLIAMS, District Judge.

Civil Action No. 81-0019-B was originally filed on behalf of Wellmore Coal Company (hereinafter, Wellmore) against Powell Construction Company, Inc. (hereinafter, Powell) in the Circuit Court of Buchanan County, Virginia, and was removed to this court on grounds of diversity of citizenship on or about January 19, 1981. The original motion for judgment alleged that Wellmore and Powell had agreed upon a...

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