Covol Fuels No. 4, LLC v. Pinnacle Mining Company, LLC
Court of Appeals for the Fourth Circuit
1Opinion of the Court
Affirmed in part, vacated in part, and remanded by published opinion. Judge KING wrote the majority opinion, in which Senior Judge DAVIS joined. Judge FLOYD wrote a separate opinion dissenting in part and concurring in part.
KING, Circuit Judge:
From 2008 to 2011, Covol Fuels No. 4; LLC (“Covol”) and Pinnacle Mining Co., LLC (“Pinnacle”) were parties to a business agreement wherein Covol conducted coal fines recovery operations at Pinnacle’s mine in Wyoming County, West Virginia (the “Pinnacle mine”). After it became economically unfeasible for Covol to continue those recovery operations, it…
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