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

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 I is for lost profits, which is specifically excluded as an element of damage by the agreement, and, moreover, the Debtor’s only remedy for DVP’s…