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BIG SEAM COAL CORP. v. ATLANTIC COAST LINE R. CO.

85 S.E.2d 239 (1955)

196 Va. 590

BIG SEAM COAL CORPORATION v. ATLANTIC COAST LINE RAILROAD COMPANY. FOURSEAM COAL SALES, Incorporated, v. ATLANTIC COAST LINE RAILROAD COMPANY.

Supreme Court of Appeals of Virginia.

January 17, 1955.

Attorney(s) appearing for the Case

Greear, Bowen, Mullins & Winston, Norton, Richardson, Hudgins & Hancock, Bluefield, W. Va., for plaintiffs in error.

M. M. Long, St. Paul, A. G. Lively, Lebanon, for defendant in error.

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

EGGLESTON, Justice.

The question involved in these cases, which were heard together in the trial court, is whether that court was correct in sustaining a plea in abatement in each case and dismissing the action upon the ground that it could not be brought in the Circuit Court of Wise county. The parties will be referred to as they appeared in the trial court.

Each action was commenced by a motion for judgment, notice of which was served on an officer of the...

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