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VIRGINIA ENERGY CO. v. PHIBRO ENERGY, INC.

Civ. A. No. 88-0058-A.

711 F.Supp. 870 (1989)

VIRGINIA ENERGY COMPANY and Inter-Mountain Coals, Inc., Plaintiffs, v. PHIBRO ENERGY, INC., Defendant.

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

March 29, 1989.

Attorney(s) appearing for the Case

David E. Cecil, Grundy, Va., and Bruce Americus, Pittsburgh, Pa., for plaintiffs.

S.M. Hodges, Abingdon, Va., William B. Poff and Briggs W. Andrews, Roanoke, Va., for defendant.

CORRECTED MEMORANDUM OPINION

GLEN M. WILLIAMS, Senior District Judge.

This case is before the court on defendant's motion for summary judgment and plaintiffs' motion to dismiss defendant's claim for abuse of process. Jurisdiction of this court is pursuant to 28 U.S.C. § 1332.

FACTUAL BACKGROUND

On December 14, 1981, Inter-Mountain Coals, Inc. (IM) and Phibro Energy, Inc. (Phibro) entered into a contract whereby Phibro agreed to purchase...

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