Miller Bros. Coal v. Consol of Kentucky, Inc. (In Re Clearwater Natural Resources, LP)

MEMORANDUM OPINION

WILLIAM S. HOWARD, Bankruptcy Judge.

This matter is before the court for determination of damages owed to the Plaintiff by the Defendant following the trial conducted herein on August 24-26, 2009 and September 3, 2009. The Plaintiff, one of the jointly administered Debtors, filed its Complaint on May 18, 2009, seeking a judgment on various counts based on the Defendant’s declaration of force majeure under the parties’ contract mining agreement. Upon trial of the matter, the court determined that the Plaintiff should prevail upon its Complaint, and that the only issue…