HN CORP. v. CYPRUS KANAWHA CORP.

No. 22702.

465 S.E.2d 391 (1995)

195 W.Va. 289

HN CORPORATION, Plaintiff Below, Appellant, v. CYPRUS KANAWHA CORPORATION, Defendant Below, Appellee.

Supreme Court of Appeals of West Virginia.

Decided November 16, 1995.


Attorney(s) appearing for the Case

Richard J. Bolen, Huddleston, Bolen, Beatty, Porter & Copen, Huntington, for Appellant.

Charles I. Jones, Jr., John F. McCuskey, John F. Hussell, IV, Campbell, Woods, Bagley, Emerson, McNeer & Herndon, Charleston, for Appellee.


PER CURIAM:

HN Corporation (HN) appeals a decision by the Circuit Court of Kanawha County granting Cyprus Kanawha Corporation (Cyprus) summary judgment by dismissing HN's complaint against Cyprus. The circuit court found HN was not in privity of contract with Cyprus — the contract under which HN attempted to bring suit. The circuit court's finding was based on a reservation provision in an assignment between Mullins...

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