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COLE v. EASTERN GAS AND FUEL ASSOCIATES

No. 8960.

322 F.2d 506 (1963)

Albert H. COLE, Fred Lindsey and Luther E. Woods, Trustees of the Cole & Crane Real Estate Trust, Appellants, v. EASTERN GAS AND FUEL ASSOCIATES, a Massachusetts voluntary association, Appellee.

United States Court of Appeals Fourth Circuit.

Decided August 26, 1963.

Attorney(s) appearing for the Case

Selden S. McNeer, Jr., and S. S. McNeer, Huntington, W. Va. (Campbell, McNeer, Woods, Bagley & Emerson, Huntington, W. Va., on brief), for appellants.

John O. Kizer, Charleston, W. Va. (Woodroe, Kizer & Steed, Charleston, W. Va., on brief), for appellee.

Before SOBELOFF, Chief Judge, and HAYNSWORTH and BOREMAN, Circuit Judges

BOREMAN, Circuit Judge.

In this action instituted in the District Court for the Southern District of West Virginia, the two original plaintiffs were (1) Western Pocahontas Corporation and (2) Albert H. Cole, Fred Lindsey and Luther E. Woods, Trustees of the Cole & Crane Real Estate Trust, hereinafter referred to as Cole & Crane. Each plaintiff sought, respectively, to recover damages from Eastern Gas and Fuel Associates...

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