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Thursday, March 28, 2024

Lexington Coal faces breach of contract suit over alleged nonpayment of materials, labor

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HUNTINGTON – Lexington Coal is facing a suit over allegations it has failed to pay for services, materials and labor relating to its mining operations. 

Cummins Crosspoint LLC, doing business as Cummins Sales and Service, filed a complaint in Cabell Circuit Court against Lexington Coal Co. LLC alleging breach of contract and unjust enrichment.

Cummins alleges in its complaint that from December of 2018 through the spring of 2019, it supplied Lexington Coal with materials, labor, equipment and goods and or services through a legally binding contract. Cummins claims Lexington Coal has consistently failed to pay for the services and material despite receiving invoices from Cummins. 

Cummins seeks monetary relief of $78,813.51, a trial by jury, interest and all other just relief. It is represented by Shawn Romano and Miles Berger of Romano & Associates PLLC in Charleston. 

The case has been assigned to Circuit Judge Gregory Howard Jr.

Cabell Circuit Court case number 19-C-476

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