Equipment distributor alleges mining company owes $232,000

By Jenie Mallari-Torres | Nov 23, 2018

CHARLESTON — An equipment distributor is suing a mining company, alleging breach of contract and unpaid debts.

Robertson Inc., a member of The Baughan Group, doing business as Gauley-Robertson, filed a complaint in U.S. District Court for the Southern District of West Virginia against McCoy Elkhorn Coal LLC, alleging that the mining company owes more than $232,000. 

According to the complaint, Robertson has suffered monetary damages due to the defendant not compensating the plaintiff for the equipment and supplies that it ordered. The suit says the supplies were delivered by the plaintiff to the McCoy Elkhorn mining sites in Kentucky, amounting to the aggregate sum of $232,776.60. 

The plaintiff alleges McCoy Elkhorn Coal has failed and refused to pay for equipment and supplies provided by Robertson, failed to fulfill its obligations under the agreement and has received and retained benefit of the supplies without paying at the expense and detriment of the plaintiff.

Robertson seeks trial by jury, damages of $232,776.60, finance charges, costs incurred and attorney fees. It is represented by attorneys Colleen C. McCulloch and Daniel J. Burns of Pullin, Fowler, Flanagan, Brown & Poe PLLC in Beckley.

U.S. District Court for the Southern District of West Virginia case number 18-cv-01326

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