The state Superior Court has vacated $90.3 million in future damages awarded in a coal mining contract dispute because the trial judge calculated the damages based upon the market price of coal from when the case went to trial.
The three-judge panel of Judge John L. Musmanno, Judge John T. Bender and Senior Judge Eugene B. Strassburger said the date of when the contract between the plaintiffs and the defendants was repudiated should not have been set as the day of trial but rather when the plaintiffs learned the contract was going to be repudiated.
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