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PRESTON COUNTY COKE CO. v. PRESTON COUNTY L. & P. CO.

No. 12007.

119 S.E.2d 420 (1961)

PRESTON COUNTY COKE COMPANY v. PRESTON COUNTY LIGHT AND POWER COMPANY.

Supreme Court of Appeals of West Virginia.

On Court's Own Motion October 18, 1960.

Decided March 28, 1961.

Dissenting Opinion April 24, 1961.

Rehearing Denied May 9, 1961.

Attorney(s) appearing for the Case

Steptoe & Johnson, James M. Guiher, Clarksburg, Charles V. Wehner, Kingwood, for plaintiff in error.

Charles H. Brown, Kingwood, Russell L. Furbee, Fairmont, Daniel Gersen, New York City, for defendant in error.

HAYMOND, President.

This is an action of assumpsit instituted in the Circuit Court of Preston County April 22, 1958. The plaintiff, Preston County Coke Company, a corporation, herein designated as the coke company, seeks to recover from the defendant, Preston County Light and Power Company, a corporation, herein designated as the power company, the sum of $272,571.12, representing a balance of an open account between the...

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