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HEROLD v. HUGHES

No. 10731.

90 S.E.2d 451 (1955)

G. D. HEROLD et al. v. C. J. HUGHES and Hamilton Gas Corporation.

Supreme Court of Appeals of West Virginia.

Decided October 25, 1955.

Attorney(s) appearing for the Case

Steptoe & Johnson, W. F. Wunschel, Stanley C. Morris, Charleston, Breckinridge & Brown, John B. Breckinridge, Summersville, for appellants.

Rummel, Blagg & Stone, Charleston, amicus curiae on behalf of West Virginia Oil & Natural Gas Association.

Wolverton & Callaghan, Richwood, G. D. Herold, Summersville, R. J. Thrift, Jr., Fayetteville, for appellees.

GIVEN, Judge.

The plaintiffs, G. D. Herold, Talitha S. Herold, Eugenia P. Herold and Laura V. Wolverton, instituted a chancery cause in the Circuit Court of Nicholas County against C. J. Hughes and the Hamilton Gas Corporation praying that a mandatory injunction be issued requiring the defendants to remove a certain "gas transmission pipeline from the said property of these plaintiffs"; that the defendants be restrained from any further trespasses on the real estate...

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