Younker v. Eastern Associated Coal Corp‪.‬

Eastern Associated Coal Corporation, appellant/defendant below (hereinafter "Eastern"), appeals entry of a final order of the Circuit Court of Boone County, West Virginia, awarding Forrest A. Younker, appellee/plaintiff below (hereinafter "Mr. Younker") $378,549.00 in a breach of contract claim, after having granted Mr. Younkers partial summary judgment on liability, after having tried the damages aspect of the case and after having denied Easterns motion for summary judgment. Having reviewed the briefs, the pertinent authorities, and hearing oral argument, we reverse the circuit courts award of partial summary judgment to Mr. Younker. We also find that Eastern is entitled to summary judgment on the breach of contract claim and thus reverse the circuit courts failure to award summary judgment to Eastern.