United States Fourth Circuit

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Valentine v. Sugar Rock, Inc., 12-2273

Plaintiff filed this diversity action alleging that he owns fractional working interests in four mining partnerships, which in turn own six oil and gas wells on separate leaseholds in Ritchie County. Plaintiff demands an accounting of the four partnership and seeks compensatory and punitive damages. Summary judgment in defendants' favor is vacated and the case is remanded for further proceedings, where: 1) a person can only be a partner in a mining partnership if he or she is a co-owner of the mineral interest with the other partners, and so proving a partnership interest requires first proving the person has a deed, will, or other written instrument showing partial ownership of the mineral interest in the land; and 2) a person does not need a deed, will, or other written instrument to establish a partnership stake in a general partnership, even if the general partnership owns an interest in real property.

Appellate Information

  • Decided 04/02/2015
  • Published 04/02/2015


  • King


  • United States Fourth Circuit


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