HN CORP. v. Cyprus Kanawha Corp.

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 Coal Company (Mullins) and HN, which, according to the circuit court, reserved to Mullins the right to bring suit in these circumstances under the contract. Because the assignment did grant…