BECKLEY – Three companies owned by Gov. Jim Justice have agreed to settle a lawsuit with BMS CAT for cleaning up and restoring The Greenbrier after last year’s flooding.

Greenbrier Hotel Corp., James C. Justice Companies and Justice Family Group agreed to settle the suit and will pay off the debt through six monthly installments, according to court documents filed Aug. 8 in the U.S. District Court for the Southern District of West Virginia.

In December, BMS CAT filed its suit against the defendants, claiming it had not been paid for the work it performed while cleaning up and restoring The Greenbrier after the June 2016 floods.

The defendants owed $551,420.80 to BMS CAT.

On July 25, attorneys for both sides asked District Judge Irene Berger to stay the matter.

Both sides stated that a settlement had been reached, but asked Berger to keep the case on her docket “for purposes of enforcing the terms of the settlement without having to file a separate civil matter.”

On Aug. 3, Berger wrote that if the settlement agreement needed to be enforced, that could be done through a separate lawsuit.

BMS CAT is represented by Charlotte A. Hoffman Norris and Robert A. Sweeney Jr. of Jenkins Fenstermaker.

The defendants are represented by Jared C. Underwood and J. Victor Flanagan of Pullin, Fowler, Flanagan, Brown & Poe.

U.S. District Court for the Southern District of West Virginia case number: 5:16-cv-11955

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Organizations in this Story

U.S. District Court for the Southern District of West Virginia Beckley Division
110 North Heber Street
Beckley, WV 25801

Jenkins Fenstermaker
13 Chase Drive
Hurricane, WV 25526

Pullin Fowler Flanagan Brown & Poe PLLC
901 Quarrier Street
Charleston, WV 25301

Pullin, Fowler, Flanagan, Brown & Poe, PLLC
600 Neville Street
Beckley, WV 25801

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