Supplier sues coal firm for contract breach

By Carol Ostrow | Mar 16, 2015

PINEVILLE — A Wyoming County industrial service company filed suit against a coal processing corporation for alleged breach of contract in late 2013.

Terry D. Ratcliff, doing business as TMR Loading and Processing Inc., of Oceana, brought a lawsuit against Synergy Coal LLC, of Mullens, on Feb. 25 in Wyoming Circuit Court, complaining that the defendant reneged on a sizable balance due to his company.

According to court documents, the plaintiff originally contracted with a third party, Pioneer Fuel Corp., on Oct. 10, 1998, to wash and load coal into rail cars at its Oceana facility. Synergy then acquired assets from Pioneer on or about Nov. 21, 2013, including its industrial plant and load-out facility.

The suit states that the defendant breached the agreement by neglecting to pay for services previously contracted, specifically rendered in November and December 2013, as well as January through March of 2014.

Alleging that Synergy failed to make good on its invoices, and that his company has suffered damages, Ratcliff seeks compensation of $392,247.30, plus attorneys’ fees and costs.

The plaintiff is represented in the case by Thomas H. Evans III of Thomas Hanna Evans of Oceana. The case has been assigned to Judge Warren Randolph McGraw.

Wyoming Circuit Court case number 15-C-39 

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