STATE v. FREEPORT COAL COMPANY

No. 11095.

115 S.E.2d 164 (1960)

STATE ex rel. Robert SHATZER v. FREEPORT COAL COMPANY, etc., et al.

Supreme Court of Appeals of West Virginia.

Decided June 21, 1960.


Attorney(s) appearing for the Case

Robert T. Donley, Morgantown, R. Doyne Halbritter, Kingwood, for plaintiffs in error.

Milford L. Gibson, Elkins, James T. Dailey, Jr., Kingwood, for defendant in error.


CALHOUN, Judge.

The defendant, Freeport Coal Company, a corporation, instituted a number of suits in the Circuit Court of Preston County during the year 1954, in which suits it sought to establish its ownership of the Bakerstown seam of coal underlying certain real estate in Pleasants District of that county. One of these suits was against Robert Shatzer, relator herein, (hereinafter referred to as "the plaintiff") and...

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