POINT PLEASANT -- A company is suing over claims its coal crusher is being unlawfully held by a trucking company hired to deliver the machine.
Kentucky Natural Resources Corporation filed a lawsuit July 3 in Mason Circuit Court against Carbon Trading Inc., Shawn Hall and Hall & Sons Trucking Inc., citing breach of contract.
According to the complaint, in November 2012, KNR rented out a coal crusher machine to Carbon Trading for use at its mining operation in First Creek, Ky. The lawsuit states Carbon Trading arranged for Shawn Hall and Hall & Sons Trucking to pick up the coal crusher and deliver it to the First Creek mine site.
The plaintiff says Hall & Sons Trucking breached the contract by delivering the coal crusher not to the mine site, but to the defendant's trucking lot and has refused to release it back to KNR.
According to the complaint, KNR has been unable to lease the coal crusher to other customers and has had to pay parties to crush coal which could have been crushed with the unlawfully kept equipment.
The defendants are accused of breach of contract, tortious interference with a contractual relationship and conversion.
Kentucky Natural Resources is seeking an injunction demanding the return of the coal crusher or delivery to the mine site as well as damages related to loss of income and loss of reputation and attorney's fees.
It is being represented in the case by attorney Steven L. Story of Story Law Office in Pomeroy. The case has been assigned to Circuit Judge David W. Nibert.
Mason Circuit Court Case No. 14-C-87