CQ, Inc. v. TXU Mining Co., L.P.

EMILIO M. GARZA, Circuit Judge:

In this contract dispute, Appellant CQ, Inc. (“CQ”) appeals the district court’s resolution of the parties’ cross-motions for summary judgment in favor of Appellee TXU Mining Company, L.P. (“TXU”). CQ also appeals the exclusion of its expert testimony on damages. For the following reasons, we affirm the judgment of the district court.

I

This dispute arises out of a failed partnership to clean lignite, a type of low-grade coal. TXU mines lignite and sells it for commercial use as fuel. In November of 2004, TXU began to explore cleaning lignite at several of its…