J.F. ALLEN v. SANITARY BD. OF CHARLESTON

No. 15-0089.

785 S.E.2d 627 (2016)

J.F. ALLEN CORPORATION, A West Virginia Corporation, Plaintiff Below, Petitioner v. The SANITARY BOARD OF the CITY OF CHARLESTON, West Virginia, Defendant Below, Respondent.

Supreme Court of Appeals of West Virginia.

Decided April 7, 2016.


Attorney(s) appearing for the Case

Charles M. Johnstone, II, Esq. , Johnson W. Gabhart, Esq. , Johnstone & Gabhart, LLP, Charleston, WV, for Petitioner.

David Allen Barnette, Esq. , Vivian H. Basdekis, Esq. , Jackson Kelly, PLLC, Charleston, WV, for Respondent.


The petitioner, J.F. Allen Corporation ("J.F. Allen"), appeals a January 5, 2015, order of the Circuit Court of Kanawha County dismissing, with prejudice, its breach of contract claim against the respondent, the Sanitary Board of the City of Charleston, West Virginia ("CSB"), pursuant to Rule 12(b)(6) of the West Virginia Rules...

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