United States Fourth Circuit

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Covol Fuels No. 4 v. Pinnacle Mining Company, 14-1395

In this case, plaintiff and defendant were parties to a business agreement wherein plaintiff conducted coal fines recovery operations at defendant's mine. After it become economically unfeasible for plaintiff to continue those recovery operations, it initiated this action, alleging claims for breach of contract, tort, and unjust enrichment. Summary judgment in favor of defendant is: 1) vacated in part and remanded, where there are genuine issues of material fact that must be resolved with respect to plaintiff's breach of contract claim; and 2) affirmed in part, where plaintiff's tort claims are barred by the so-called "gist of the action" doctrine.

Appellate Information

  • Decided 03/03/2015
  • Published 03/03/2015


  • King


  • United States Fourth Circuit


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