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Miller Bros. Coal LLC v. Consol of Ky. Inc. (In re Clearwater Natural Res. LP.)

Miller Bros. Coal LLC v. Consol of Ky. Inc. (In re Clearwater Natural Res. LP.)

Ruling
Creditor's declaration of force majeure violated stay, entitling the debtor to damages.
Procedural posture

Plaintiff, one of the jointly administered debtors, was awarded a judgment for breach of coal mining agreement against defendant, the purchaser of the coal, which occurred when the purchaser declared force majeure. Before the court was the determination of damages for the debtor's lost profits.

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Commercial opinion summary, case decided on December 11, 2009 , LexisNexis #0110-004