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YOUNKER v. EASTERN ASSOCIATED COAL CORP.

No. 31343.

591 S.E.2d 254 (2003)

214 W.Va. 696

Forrest A. YOUNKER, Plaintiff Below, Appellee, v. EASTERN ASSOCIATED COAL CORP., Defendant Below, Appellant.

Supreme Court of Appeals of West Virginia.

Decided December 3, 2003.

Concurring Opinion of Justice Davis December 5, 2003.

Attorney(s) appearing for the Case

C. David Morrison, Rodney L. Bean, Steptoe & Johnson, PLLC, Herbert G. Underwood, Clarksburg, for Appellant.

James M. Cagle, Charleston, for Appellee.

PER CURIAM.

Eastern Associated Coal Corporation, appellant/defendant below (hereinafter "Eastern"), appeals entry of a final order of the Circuit Court of Boone County, West Virginia, awarding Forrest A. Younker, appellee/plaintiff below (hereinafter "Mr. Younker") $378,549.00 in a breach of contract claim, after having granted Mr. Younker's partial summary judgment on liability, after having tried the damages aspect of the case and after having denied Eastern's motion...

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