Legal Opinion

Island Creek Coal Company Garden Creek Pocahontas Company v. Lake Shore, Inc.

Court of Appeals for the Fourth Circuit

Decided October 27, 1987No. 86-1172PublishedCited by 103 opinions

1Opinion of the Court

DONALD RUSSELL, Circuit Judge.

In this diversity action, the plaintiffs, operators of coal mines, have sued the defendant, a manufacturer of mining machinery, to recover direct property damages, and consequential damages resulting from the breakdown of machinery purchased by the plaintiffs of the defendant. They ground their action on breach of warranty and on negligence. In its answer to the plaintiffs' complaint, the defendant pled, among other defenses, immunity from liability for consequential damages under an express exclusion of such recovery. On *276April 23, 1986, about a month before…

2Cases cited18 opinions

  1. Foman v. DavisSupreme Court of the United States · 1962
  2. Johnson v. Oroweat Foods Co.Court of Appeals for the Fourth Circuit · 1986
  3. Jimmy P. Davis, as of the Estate of Dallas D. Hardy, Jr., Deceased v. Piper Aircraft CorporationCourt of Appeals for the Fourth Circuit · 1980
  4. The United States v. Johnson Controls, Inc.Court of Appeals for the Federal Circuit · 1983
  5. Smith v. Town of ClarktonCourt of Appeals for the Fourth Circuit · 1982

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3Cited by103 opinions

  1. Lone Star Steakhouse & Saloon, Incorporated Max Shayne, Incorporated v. Alpha of Virginia, Incorporated, D/B/A Lone Star GrillCourt of Appeals for the Fourth Circuit · 1995
  2. Carmona v. ToledoCourt of Appeals for the First Circuit · 2000
  3. Joan Mullin v. Karen BalickiCourt of Appeals for the Third Circuit · 2017
  4. Doe v. ChaoCourt of Appeals for the Fourth Circuit · 2002
  5. United States Gypsum Co. v. Mayor of BaltimoreCourt of Appeals of Maryland · 1994

98 more not listed; retrieve them via the Exa API.

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