NORTH AM. ROYAL COAL v. MOUNTAINEER DEVELOP.

No. 13751.

239 S.E.2d 673 (1977)

NORTH AMERICAN ROYAL COAL CO., and Chieftain Coal Co. v. MOUNTAINEER DEVELOPERS, INC.

Supreme Court of Appeals of West Virginia.

December 20, 1977.


Attorney(s) appearing for the Case

James M. Sprouse, Charleston, for appellant.

Jones, Williams, West & Jones, Jerald E. Jones, Clarksburg, for appellees.


HARSHBARGER, Justice:

Chieftain Coal Company operated a strip mine on Galloway Land Company property in Harrison County, West Virginia and was obligated by its contract to obtain at its cost all bonds, insurance and strip mining permits; to backfill, regrade and recondition the mined premises; and to indemnify and save Galloway harmless "from all liability including its back filling operations or its failure to do proper backfilling."

On March 2, 1971, Chieftain...

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