MILBURN BY-PRODUCTS COAL CO. v. EAGLE LAND CO.

No. 10778.

93 S.E.2d 231 (1956)

141 W.Va. 866

MILBURN BY-PRODUCTS COAL COMPANY v. EAGLE LAND COMPANY.

Supreme Court of Appeals of West Virginia.

Decided June 19, 1956.


Attorney(s) appearing for the Case

Jackson, Kelly, Holt & O'Farrell, Homer A. Holt, Thomas B. Jackson, Charleston, for appellant.

Spilman, Thomas, Battle & Klostermeyer, Robert S. Spilman, Robert S. Spilman, Jr., Charleston, for appellee.


BROWNING, President.

This is a declaratory judgment proceeding brought by Milburn By-Products Coal Company, a corporation, plaintiff, hereinafter referred to in this opinion as Milburn, and Eagle Land Company, a corporation, defendant, subsequently referred to as Eagle, to determine the respective rights of the parties in and to the sum of $81,287.05, which is deposited to the joint account of Milburn and Eagle in a Charleston bank. This sum of money was paid to the...

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