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WILLIAM S. STOKES, JR., INC. v. MATNEY

73 S.E.2d 269 (1952)

194 Va. 339

WILLIAM S. STOKES, Jr., Inc. v. MATNEY.

Supreme Court of Appeals of Virginia.

December 1, 1952.

Attorney(s) appearing for the Case

Crockett & Gillespie, Tazewell, and F. H. Combs, Grundy, for appellant.

Burns & Lively, Lebanon, and G. R. C. Stuart, Abingdon, for appellee.

Before HUDGINS, C. J., and EGGLESTON, SPRATLEY, BUCHANAN, MILLER, SMITH and WHITTLE, JJ.

WHITTLE, Justice.

William S. Stokes, Jr., Incorporated, filed a bill in equity in the Circuit Court of Buchanan county against McKinley Matney, seeking a mandatory injunction to compel Matney to remove an obstruction which he had placed across a road over which Stokes hauled coal from its mines to a tipple.

A temporary injunction was granted on April 19, 1951, requiring Matney to remove the obstruction. The injunction...

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