Bieger v. Consolidation Coal Co.

MEMORANDUM OPINION

GLEN M. WILLIAMS, District Judge.

This case is before the court on cross-motions for summary judgment as to Consolidation Coal Company’s third-party complaint.

The underlying facts are as follows. Consolidation Coal Company (“Consol”) was developing a mine in southwestern Virginia and had contracted with Cowin and Company (“Cowin”) to construct a ventilation shaft for the above-mentioned mine. Their contract provided that Cowin would indemnify Consol for any claims against Consol arising from Cowin’s work. The contract states in pertinent part:

[A]nd Contractor [Cowin] ...…