Man wants mine companies to pay for coal from McDowell Co. property

By Ben Hart | Apr 30, 2014

CHARLESTON -- An Avondale resident is suing a mining and energy company, claiming they refused to keep the terms of an agreement.

Homer A. Hopkins filed a lawsuit April 4 in Kanawha Circuit Court against Westwood Mining Co. Inc. and Riverside Energy Company LLC, citing breach of contract.

Hopkins alleges in the suit he entered into an agreement with the defendant Jan. 2, 1990, that he would be paid $.50 for each ton of 2,000 pounds of coal mined, removed and sold from a property in McDowell County.

The suit alleges Westwood claims they are not part of the agreement and aren't required to pay Hopkins for the coal.

Hopkins is seeking an account of all coal mined and removed from the property, money owed to him from coal mined, damages, interest, attorneys fees and court costs.

He is being represented in the case by Charleston attorney Stephen L. Thompson of Barth and Thompson. The case has been assigned to Circuit Judge Charles E. King.

Kanawha Circuit Court Case No. 14-C-671.


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