BECKLEY — A fiduciary of a deceased man's estate is suing Classic Coal Sales Inc., a coal mining company, citing alleged breach of contract and unjust enrichment.

Edward C. Castagna Jr., fiduciary of the estate of Andrew J. Fry, filed a complaint on Aug. 2 in Raleigh Circuit Court against Classic Coal Sales Inc., alleging that the coal mining company failed to pay the total sum owed under a contract.

According to the complaint, the plaintiff alleges that on Dec. 4, 2006 and Jan. 23, 2007, Fry loaned to the defendant the total sum of $350,000. The defendant has made payments on said promissory notes but an outstanding balance of $162,125.81 remains unpaid, the suit alleges. The plaintiff holds Classic Coal Sales Inc. responsible because the defendant allegedly has refused and continues to refuse to pay the balance owed.

The plaintiff requests a trial by jury and seeks judgment against the defendant in the amount of $162,125.81, plus interest, and such other relief as the court deems appropriate. He is represented by John D. Wooton of Wooton, Davis, Hussell & Ellis PLLC in Beckley.

Raleigh Circuit Court Case number 16-c-511

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