BRUCE MCDONALD HOLDING v. ADDINGTON, INC.

No. 17-0847.

825 S.E.2d 779 (2019)

The BRUCE MCDONALD HOLDING COMPANY, David B. McDonald Land Company, Oakley, LLC, S.E. McDonald, LLC, CB Morris, LLC, L.O.U., LLC, Glenn T. Yost, as Attorney-In-Fact for Ernest Phipps Credit Shelter Trust, and CDC Real Estate, LLC, Petitioners v. ADDINGTON, INC., The Brink's Company and Pittston Coal Company, Respondents.

Supreme Court of Appeals of West Virginia.

Filed: March 20, 2019.

Dissenting Opinion of Justice Jenkins April 22, 2019.


Attorney(s) appearing for the Case

Brian A. Glasser, Esq. , Sharon F. Iskra, Esq. , Bailey & Glasser LLP, Charleston, West Virginia, Nicholas S. Johnson, Esq. , Bailey & Glasser LLP, Washington, DC, Attorneys for Petitioners.

Shawn P. George, Esq. , Jennie O. Ferretti, Esq. , George & Lorensen, Charleston, West Virginia, Attorneys for Respondent, Pittston Coal Company.

Howard M. Persinger, III, Esq. , Persinger & Persinger, LLC, Charleston, West Virginia, Counsel for Amicus Curiae, WV Land & Mineral Owners Association.

W. Henry Jernigan, Jr., Esq. , Alexander C. Ward, Esq. , Dinsmore & Shol, Charleston, West Virginia, Wade W. Massie, Esq. , Penn, Stuart & Eskridge, Abingdon, Virginia, Attorneys for Respondents, Addington, Inc. and The Brink's, Company.


The Petitioners brought this appeal from an August 25, 2017 summary judgment order of the Circuit Court of Logan County.1 The Petitioners filed an action against the Respondents based upon a coal lease agreement between the parties.2<...

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