D & S Coal Co., Inc. v. USX Corp.

MEMORANDUM

EDGAR, District Judge.

Plaintiff D & S Coal Company, Inc. (“D & S”) contended at the trial of this case that on March 14,1985, it negotiated a coal lease with defendant USX Corporation (at that time called U.S. Steel Corporation and herein referred to as “U.S. Steel”). Present at this March 14,1985 meeting, the plaintiff contends, was Melissa Marvin, representing D & S, and Buck Layne, Jr., 1 who was to contract with D & S 2 to do the mining work. Representing U.S. Steel were Messrs. Gary Sides and Dan Clark, both employees of U.S. Steel. There actually was a meeting to discuss a…