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IN RE BUFFALO COAL CO.

Bankruptcy No. 06-366. Adversary Nos. 08-38, 08-45.

424 B.R. 738 (2010)

In re BUFFALO COAL CO., Debtor. John W. ("Jack") Teitz, trustee of the estate of Buffalo Coal Co., Plaintiff, Counter Defendant v. Virginia Electric Power Company, Inc., Defendant, Counter Claimant.

United States Bankruptcy Court, N.D. West Virginia.

February 16, 2010.

Attorney(s) appearing for the Case

Christopher S. Smith, David A. Hoyer, Hoyer, Hoyer & Smith, PLLC, Charleston, WV, for Debtor.

John M. Steiner, Leech Tishman Fuscaldo & Lampl, LLC, Joseph Friedman, Kimberly Luff Wakim, Michael Kaminski, Robert J. Ridge, Thorp Reed & Armstrong, LLP, Pittsburgh, PA, Mark J. Friedman, DLA Piper Rudnick Gray Cary LLP, Baltimore, MD, Martin P. Sheehan, Sheehan & Nugent, PLLC, Wheeling, WV, for Trustee.

Debra A. Wertman, U.S. Trustee's Office, Charleston, WV, for U.S. Trustee.

Patrick W. Carothers, Thorp Reed and Armstrong, Pittsburgh, PA, for Creditor Committee.

MEMORANDUM OPINION

PATRICK M. FLATLEY, Bankruptcy Judge.

Virginia Electric Power Company, Inc. ("DVP"), seeks entry of summary judgment on Counts I and III of the Amended Complaint filed against it by John Teitz, the Chapter 7 trustee of the bankruptcy estate of Buffalo Coal Co. (collectively, the "Debtor"). In Count I, the Debtor asserts a claim for breach of a coal supply agreement. DVP argues that the Debtor's only claim for damage under Count...

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