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ISLAND CREEK COAL CO. v. LAKE SHORE, INC.

No. 86-1172.

832 F.2d 274 (1987)

ISLAND CREEK COAL COMPANY; Garden Creek Pocahontas Company, Plaintiffs-Appellants, v. LAKE SHORE, INC., Defendant-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided October 27, 1987.

Attorney(s) appearing for the Case

Richard Cullen, John Martin Oakey, Jr. (Mary M.H. Priddy, McGuire, Woods & Battle, Ernest C. Vaughan, Jr., John K. Messersmith, IV, Randolph, Boyd, Cherry and Vaughan, Richmond, Va., on brief), for plaintiffs-appellants.

Michael Francis Urbanski, John L. Walker, Jr. (Woods, Rogers & Hazelgrove, Roanoke, Va., Larry B. Kirksey, Woodward, Miles & Flannagan, Bristol, Va., on brief), for defendant-appellee.

Before RUSSELL and WILKINSON, Circuit Judges, and HAYNSWORTH, Senior Circuit Judge.

DONALD RUSSELL, Circuit Judge.

In this diversity action, the plaintiffs, operators of coal mines, have sued the defendant, a manufacturer of mining machinery, to recover direct property damages, and consequential damages resulting from the breakdown of machinery purchased by the plaintiffs of the defendant. They ground their action on breach of warranty and on negligence. In its answer to the plaintiffs' complaint, the defendant pled, among other defenses, immunity...

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