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WILCHER v. RIVERTON COAL COMPANY

No. 13173.

194 S.E.2d 660 (1973)

Claud N. WILCHER, Jr. v. RIVERTON COAL COMPANY, a corporation, et al., and Arc Industries, Incorporated, a corporation, et al.

Supreme Court of Appeals of West Virginia.

Decided March 6, 1973.

Attorney(s) appearing for the Case

Lively, Light & Bias, William T. Lively, Jr., Charleston, for appellant.

Jackson, Kelly, Holt & O'Farrell, Thomas E. Potter, Forrest H. Roles, Charleston, for appellees.

BERRY, President:

This is an appeal by Claud N. Wilcher, Jr., hereinafter referred to as plaintiff, from an order of the Circuit Court of Kanawha County on August 17, 1971 which granted summary judgment to the defendant, ARC Industries, on plaintiff's claim for damages based on the breach of an oral agreement by the defendant to enter into an exclusive coal sales agreement with the plaintiff. The plaintiff's petition for an appeal was granted by this Court on December...

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