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BRIGHT v. COASTAL LUMBER CO.

No. 91-2340.

962 F.2d 365 (1992)

William T. BRIGHT; Patricia B. Bright, Plaintiffs-Appellants, v. COASTAL LUMBER COMPANY, a North Carolina corporation; Pittsburgh National Bank, a National Banking Association; Ned L. McClure and Ira B. Coldren, Jr., Trustees under the Revocable Life Insurance Trust Agreement of Samuel Frazee, Settlor, Defendants-Appellees.

United States Court of Appeals, Fourth Circuit.

Decided May 6, 1992.

Attorney(s) appearing for the Case

Gerard Ray Stowers, Charleston, W.Va., argued (F.T. Graff, Jr., John R. Teare, Jr., Bowles, Rice, McDavid, Graff & Love, on brief), for plaintiffs-appellants.

Stephen Ambrose Weber, Kay, Casto, Chaney, Love & Wise, Charleston, W.Va., argued, for defendant-appellee Coastal Lumber; R. Terrance Rodgers, King, Betts & Allen, Charleston, W.Va., argued, for defendants-appellees Pittsburgh Nat. Bank, McClure, and Coldren (Karen Speidel Rodgers, Kay, Casto, Chaney, Love & Wise, Charleston, W.Va., for defendant-appellee Coastal Lumber; Robert B. King, King, Betts & Allen, Charleston, W.Va., for defendants-appellees Pittsburgh Nat. Bank, McClure, and Coldren, on brief), for defendants-appellees.

Before ERVIN, Chief Judge, NIEMEYER, Circuit Judge, and SHEDD, United States District Judge for the District of South Carolina, sitting by designation.

OPINION

ERVIN, Chief Judge:

William and Patricia Bright leased land in West Virginia in order to mine coal. After the Brights were unable to locate coal on the land, they sought a declaratory judgment that the leases either terminated by their own terms or by effect of a default notice that Coastal Lumber had sent. The Brights later added a fraudulent inducement claim. Coastal Lumber and the other defendants counterclaimed for continuing minimum royalties...

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