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FISHER v. WEST VIRGINIA COAL & TRANSP. CO.

No. 10439.

73 S.E.2d 633 (1952)

FISHER et al. v. WEST VIRGINIA COAL & TRANSP. CO. et al.

Supreme Court of Appeals of West Virginia.

Decided December 9, 1952.

Dissenting Opinion December 16, 1952.

Attorney(s) appearing for the Case

Perry Emmet O'Brien, Ripley, for appellants.

William H. Rardin, Point Pleasant, Howard R. Klostermeyer and Spilman, Thomas & Battle, Charleston, for appellees.

LOVINS, Judge.

The objects of this suit instituted in the Circuit Court of Mason County, West Virginia, are to obtain an injunction restraining the West Virginia Coal and Transportation Company, a corporation, from further use of the surface of a 16 acre tract of land; to restrain such defendant from transporting coal mined from adjacent tracts through subterranean passageways in such tract of land; to obtain a decree of...

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