Branch Banking & Trust Co. v. Lichty Bros. Construction

Branch Banking and Trust Company (“BB & T”) sued Lichty Bros. Construction, Inc. and others, asserting multiple breach of contract claims for failure to pay at maturity the indebtedness owed by Lichty under several promissory notes and guaranties. Subject-matter jurisdiction was premised on diversity pursuant to 28 U.S.C. § 1332. The district court dismissed Lichty’s failure to mitigate damages counterclaim and defense, and granted BB & T summary judgment against Lichty. Lichty now appeals the district court’s orders. Finding no error, we affirm.

I

Between March 28, 2006 and October 31, 2006,…