BLUEFIELD – Resurrection Coal Company Inc. is suing James C. Justice Companies Inc. after it claims the governor’s company owes more than $100,000 for mined coal.

Chestnut Land Holdings was also named as a defendant in the suit. 

Gov. Jim Justice
Gov. Jim Justice

The defendants agreed to buy coal mined by Resurrection and had in the past purchased coal from the plaintiff for delivery to Red Fox Preparation Plant for the price of $135 per ton at a gravity of 1.60 with said coal being tested by Gallagher Labs, according to a complaint originally filed in McDowell Circuit Court and removed to federal court earlier this month. 

Resurrection claims it mined the coal and delivered 1,064.71 clean tons to Red Fox for the period of March 16, 2012, through March 31, 2012, and sent the defendants an invoice for a total amount owing of $143,992.93.

The defendants have failed and refused to pay the amount owed.

Resurrection is seeking damages in the amount of $143,992.93 plus pre- and post-judgment interest. The company is being represented by Brian K. Cochran of Brewster Morhous Cameron Caruth Moore Kersey & Stafford.

The defendants are represented by John F. Hussell IV and Andrew L. Ellis of Wooton, Davis, Hussell & Ellis.

U.S. District Court for the Southern District of West Virginia case number: 1:17-cv-02853

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