District Court, W.D. Virginia May 16, 2011, Case 1:10CV00029 (TRAXYS NORTH AMERICA, LLC v. Concept Mining, Inc.)

OPINION AND ORDER

JAMES P. JONES, District Judge.

This is an action under the court’s diversity jurisdiction, brought by a coal purchaser against the seller for an alleged failure to deliver the coal promised. The defendant has counterclaimed on the ground that the buyer allegedly breached the contract.