MOUNDSVILLE – The operator of several coal mines in Marshall County alleges that CSX Transportation cost it missed sales opportunities because of its failure to provide for delivery of loaded railcars.

Consolidated Coal Co. filed a complaint July 31 in Marshall Circuit Court against CSX Transportation Inc. alleging breach of contract and other counts.

According to the complaint, the defendant transfers coal from the plaintiff to the plaintiff's customers via train. The plaintiff alleges that the defendant has missed several obligations under its agreement with the plaintiff since 2015, causing the plaintiff to have to delay or cancel 38 trains.

The plaintiff holds CSX Transportation Inc. responsible because the defendant allegedly failed to provide adequate crews and engines to deliver plaintiff's coal to its customers.

The plaintiff requests a trial by jury and seeks damages of more than $25,000, costs and attorney's fees and such other just and proper relief. It is represented by David L. Delk Jr. of Grove, Homstrand & Delk PLLC in Wheeling. The case has been assigned to Circuit Judge Jeffrey Cramer.

Marshall Circuit Court Case number 17-C-158




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