KOCH v. EASTERN GAS AND FUEL ASSOCIATES

No. CC833.

95 S.E.2d 822 (1956)

John KOCH et al. v. EASTERN GAS AND FUEL ASSOCIATES et al.

Supreme Court of Appeals of West Virginia.

Decided December 22, 1956.


Attorney(s) appearing for the Case

Alfred R. Putnam, John L. McIntire, Tusca Morris, Robert M. Amos, A. Blake Billingslea, Fairmont, for plaintiffs.

James M. Guiher, Steptoe & Johnson, Clarksburg, John D. Amos, Fairmont, Arthur A. Waltenbaugh, Pittsburgh, Pa., for defendants.

Jackson, Kelly, Holt & O'Farrell, Charleston, amicus curiae for the West Virginia Coal Assn.


RILEY, Judge.

The plaintiffs, John Koch and Olga Koch, instituted in the Circuit Court of Marion County their action of trespass on the case against Eastern Gas and Fuel Associates, a voluntary trust association, commonly known as a Massachusetts trust association, and validated in this jurisdiction by Chapter 47, Code, 1931, as last amended, by adding thereto a new article designated Article 9a, Sections 1 to 6, inclusive...

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