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IMPERIAL COLLIERY CO. v. FOUT

No. 17428.

373 S.E.2d 489 (1988)

IMPERIAL COLLIERY COMPANY v. Danny H. FOUT.

Supreme Court of Appeals of West Virginia.

September 16, 1988.

Attorney(s) appearing for the Case

Charles F. Donnelly, United Mine Workers of America, Charleston, for Danny H. Fout.

Larry W. Blalock, Jackson, Kelly, Holt & O'Farrell, Charleston, for Imperial Colliery Co.

MILLER, Justice:

Danny H. Fout, the defendant below, appeals a summary judgment dismissing his claim of retaliatory eviction based on the provisions of W.Va.Code, 55-3A-3(g),1 which is our summary eviction statute. Imperial Colliery had instituted an eviction proceeding and Fout sought to defend against it, claiming that his eviction was in retaliation for his participation in a labor strike.

This case presents two issues: (1)...

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