4th Circ. Revives Coal Contract Dispute, Citing Hertz

Law360, New York (April 13, 2011, 8:25 PM EDT) -- The Fourth Circuit revived a breach of contract dispute Wednesday between a coal mining company and Severstal Wheeling Inc., finding diversity jurisdiction existed because under Hertz v. Friend, Severstal's principal place of business was in Michigan, not West Virginia.

A three-judge panel of the U.S. Court of Appeals for the Fourth Circuit sided with A.T. Massey Coal Co. in a suit accusing Severstal's affiliate Mountain State Carbon LLC of breaching a coal supply agreement with Massey unit Central West Virginia Energy Co. by refusing to accept...
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