Kentucky companies allege West Virginia businesses failed to fulfill contract

By Philip Gonzales | Nov 29, 2016

CHARLESTON — Two Kentucky mining companies are suing West Virginia businesses, alleging breach of contracts and unjust enrichment.

CHARLESTON — Two Kentucky mining companies are suing West Virginia businesses, alleging breach of contracts and unjust enrichment.

Blackhawk Land and Resources LLC and Panther Creek Mining LLC, both of Lexington, Kentucky filed a lawsuit Nov. 8, in the U.S. District Court for the Southern District of West Virginia against WWMV LLC and RWMV LLC, alleging failure to perform their obligations under the electricity usage agreement and the lease and sublease agreements.

According to the complaint, as a result of the defendants' breaches, Blackhawk Land and Panther Creek Mining have suffered monetary damages and will continue to suffer immediate and irreparable harm.

The plaintiffs allege the defendants failed to make payments for amounts that are due under their agreements, leases and subleases contracts for transporting and hauling coal.

The plaintiffs seek trial by jury, compensatory damages to be determined at trial, pre- and post judgment interest, attorney fees, court costs and expenses, plus all other legal and equitable relief. They are represented by attorneys J.H. Mahaney, Grahmn Morgan, Kristeena L. Jonson and Ellen Jones of Dinsmore & Shohl LLP in Huntington.

U.S. District Court for the Southern District of West Virginia Case number 2:16-cv-10711

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