Jewell Coke Co., Lp v. Arcelormittal USA, Inc.

OPINION & ORDER [Resolving Doc. No. 28]

JAMES S. GWIN, District Judge:

In this contract dispute, Plaintiff and Counter-Defendant Jewell Coke Company (“Jewell”) moves the Court to dismiss the counter-claim filed by the Defendant and Counter-Claimant, ArcelorMittal USA, Inc. (“ArcelorMittal USA”) under Federal Rule of Civil Procedure 12(b)(6) for failure to state a claim upon which relief can be granted. [Doc. 28-1.] ArcelorMittal USA opposes the motion. [Doc. 94.] Jewell has replied. [Doc. 114.]

For the following reasons, the Court DENIES Jewell’s motion to dismiss.

I. Background

In this contract…