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XCOAL ENERGY & RESOURCES, LP v. SMITH

Case No. 2:07CV00057.

635 F.Supp.2d 453 (2009)

XCOAL ENERGY & RESOURCES, LP, Plaintiff, v. Landon Keller SMITH, et al., Defendants.

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

July 20, 2009.

Attorney(s) appearing for the Case

R. Johan Conrod, Jr., and Hunter W. Sims, Jr., Kaufman & Canoles, P.C., Norfolk, VA, for Plaintiff.

Steven R. Minor, Elliott Lawson & Minor, Bristol, VA, for Defendants.

OPINION AND ORDER

JAMES P. JONES, Chief Judge.

In advance of jury trial in this civil case, the plaintiff has moved to exclude certain documents that the defendants intend to introduce on the ground that they are statements made in compromise negotiations and thus inadmissible under Federal Rule of Evidence 408(a)(2). The defendants seek their admission on the ground that the documents are communications internal to the plaintiff and thus not made in negotiations...

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