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FREEPORT COAL CO. v. VALLEY POINT MINING CO.

No. CC823.

90 S.E.2d 296 (1955)

FREEPORT COAL CO. v. VALLEY POINT MINING CO. et al.

Supreme Court of Appeals of West Virginia.

Decided December 6, 1955.

Attorney(s) appearing for the Case

Robert T. Donley, Morgantown, for plaintiff.

Jacob S. Hyer, Milford L. Gibson, Elkins, Cramer W. Gibson, Kingwood, for defendants.

BROWNING, Judge.

The Circuit Court of Preston County, on joint application of the parties, certified to this Court the questions arising on the demurrers of the plaintiff, Freeport Coal Company, to the separate answers of the defendants, Valley Point Mining Company and J. E. & H. K. Kelly, to plaintiff's bill of complaint seeking to restrain defendants from mining and removing coal from the Bakerstown or upper seam of a 194.6 acre tract of land in Preston County...

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