Drummond Coal Sales Inc v. Kinder Morgan Operating LP "C"
||Drummond Coal Sales Inc
||Kinder Morgan Operating LP "C"
||February 26, 2016
||US District Court for the Northern District of Alabama
||Staci G Cornelius
|Nature of Suit:
|Cause of Action:
||28 U.S.C. § 1332
|Jury Demanded By:
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|July 25, 2017
MEMORANDUM OPINION AND ORDER- The deft's motion to dismiss (Doc 10 ) is GRANTED IN PART and DENIED IN PART; The motion is GRANTED as to Pltf's claims for frustration of purpose, force majeure, and impossibility, and those claims are DISMIS SED for failure to state a claim; the motion is DENIED as to Drummond's Claim for excused performance; This memorandum opinion and order triggers the running of the deadlines set forth in the Scheduling Order (Doc 25 ). Signed by Magistrate Judge Staci G Cornelius on 7/25/17. (MRR, )
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