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ALGOMA COAL & COKE CO. v. ALEXANDER

No. 10258.

66 S.E.2d 201 (1950)

136 W.Va. 521

ALGOMA COAL & COKE CO. et al. v. ALEXANDER.

Supreme Court of Appeals of West Virginia.

Decided December 5, 1950.

Rehearing Denied February 12, 1951.

Dissenting Opinion July 30, 1951.

Attorney(s) appearing for the Case

William C. Marland, Atty. Gen., Londo H. Brown, Asst. Atty. Gen., for appellant.

Hillis Townsend, M. E. Boiarsky, Charleston, for C. E. Jones, amicus curiae.

Charles E. Mahan, Fayetteville, Rolla D. Campbell, Huntington, R. S. Spilman, Jr., R. G. Kelly, Frank R. Lyon, Jr., all of Charleston, for appellees.

GIVEN, Judge.

This proceeding was instituted under the Uniform Declaratory Judgments Act, now Code, 55-13-1, in the Circuit Court of Kanawha County, by the Algoma Coal and Coke Company and fifty-seven other coal mine operators, against Arch J. Alexander, individually, and as Chief of the Department of Mines of West Virginia. The object of the proceeding is to obtain a declaratory judgment as to whether the provisions of Article 2 of Chapter 22 of the Code, as amended...

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