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CONSOLIDATION COAL COMPANY v. MINERAL COAL COMPANY

C.C. No. 863.

126 S.E.2d 194 (1962)

CONSOLIDATION COAL COMPANY v. MINERAL COAL COMPANY.

Supreme Court of Appeals of West Virginia.

Decided June 19, 1962.

Attorney(s) appearing for the Case

Amos, Amos & Webb, John D. Amos, Hays Webb, Fairmont, Richard B. Bord, Grafton, for plaintiff.

Edward T. Luff, Philippi, for defendant.

HAYMOND, Judge.

In this civil action instituted in the Circuit Court of Barbour County on November 1, 1961, the plaintiff, Consolidation Coal Company, a corporation, seeks injunctive relief against the defendant, Mineral Coal Company, a corporation, to enjoin and restrain the defendant from mining and removing by the strip or auger method the coal in an area around the No. 3 Tipple and the No. 3 Portal of Galloway Mine No. 3 of the plaintiff, located on Simpson Creek...

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