Elkay Mining Company, a West Virginia Corporation v. Atel Financial Corporation, a foreign corporation

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 02-1747
ELKAY MINING COMPANY, a West Virginia
Corporation,
Plaintiff - Appellee,
versus
ATEL FINANCIAL CORPORATION, a foreign
corporation; ATEL CASH DISTRIBUTION FUND V,
L.P., a limited partnership,
Defendants - Appellants.
Appeal from the United States District Court for the Southern
District of West Virginia, at Charleston. John T. Copenhaver, Jr.,
District Judge. (CA-99-1144-2)
Submitted: June 3, 2003 Decided: June 18, 2003
Before WILKINS, Chief Judge, and LUTTIG and TRAXLER, Circuit
Judges.
Affirmed by unpublished per curiam opinion.
David Marvin Wiseblood, BERG & PARKER L.L.P., San Francisco,
California, for Appellants. Richard J. Bolen, HUDDLESTON, BOLEN,
BEATTY, PORTER & COPEN, L.L.P., Huntington, West Virginia, for
Appellee.

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Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Appellant ATEL Financial Corporation (“ATEL”) appeals the
district court’s resolution of cross-motions for summary judgment
in favor of Appellee Elkay Mining Company (“Elkay”) on Elkay’s
declaratory judgment claim that it did not owe any “termination
value” to ATEL on an expired lease for mining equipment. We have
reviewed the record below, the opinion of the district court, and
the briefs of the parties. Because we conclude that the district
court properly resolved the legal questions presented on summary
judgment, we affirm the judgment of that court on the reasoning of
its well-written opinion.
AFFIRMED

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