Teitz v. Virginia Electric & Power Co. (In Re Buffalo Coal Co.)

MEMORANDUM OPINION

PATRICK M. FLATLEY, Bankruptcy Judge.

Dominion Virginia Power (“DVP”) seeks summary judgment on an adversary complaint filed by John W. Teitz (the “Trustee”), as chapter 7 trustee for the estate of Buffalo Coal Company, Inc. (the “Debt- or”), for breach of contract and indemnity arising from DVP’s pre-petition termination of a coal supply agreement between DVP and the Debtor.

In the alternative, DVP requests entry of partial summary judgment declaring that the coal supply agreement provides the exclusive remedies for breach, and consequently, DVP cannot be held liable for…