AMBIT v. HORIZON VENTURES OF WEST VIRGINIA

No. 22-ICA-34.

889 S.E.2d 294 (2023)

AMERICAN BITUMINOUS POWER PARTNERS, L.P., Defendant Below, Petitioner, v. HORIZON VENTURES OF WEST VIRGINIA, INC., Plaintiff Below, Respondent.

West Virginia Intermediate Court of Appeals.

Filed: June 12, 2023.


Attorney(s) appearing for the Case

Roberta F. Green, Esq. , John F. McCuskey, Esq. , Shuman McCuskey Slicer PLLC., Charleston, West Virginia, Counsel for Petitioner.

Mark A. Kepple, Esq. , Benjamin P. Visnic, Esq. , Bailey & Wyant, PLLC, Wheeling, West Virginia, Joseph G. Nogay, Esq. , Sellitti Nogay & Nogay, PLLC, Weirton, West Virginia, Counsel for Respondent.


Petitioner, American Bituminous Power Partners, L.P. ("AMBIT") appeals the August 4, 2022, order of the Circuit Court of Marion County denying Ambit's "Motion to Alter, Amend Judgment." AMBIT contends that the circuit court erred in denying its motion and in determining that the award of summary judgment to Respondent, Horizon...

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