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WESTERN POCAHONTAS CORP. v. EASTERN GAS & FUEL ASSOCIATES

Civ. A. Nos. 2670, 2667.

213 F.Supp. 657 (1963)

WESTERN POCAHONTAS CORPORATION, a corporation, Plaintiff, v. EASTERN GAS AND FUEL ASSOCIATES, a Massachusetts voluntary association, Defendant. Albert H. COLE, Fred Lindsey and Luther E. Woods, Trustees of the Cole and Crane Real Estate Trusts, Plaintiffs, v. EASTERN GAS AND FUEL ASSOCIATES, a Massachusetts voluntary association, Defendant.

United States District Court S. D. West Virginia, Charleston Division.

January 9, 1963.

Attorney(s) appearing for the Case

Edwin W. Conley, Fitzpatrick, Huddleston, Bolen & Hudgins, Huntington, W. Va., for plaintiff Western Pocahontas Corp.

Selden S. McNeer, Campbell, McNeer, Woods, Bagley & Emerson, Huntington, W. Va., for plaintiffs Albert H. Cole, Fred Lindsey and Luther E. Woods, Trustees of the Cole and Crane Real Estate Trusts.

John O. Kizer, Woodroe, Kizer & Steed, Charleston, W. Va., for defendant.

FIELD, Chief Judge.

The plaintiffs in each of these cases seek to recover damages and statutory penalties for alleged encroachments, underground trespass and removal of coal from their properties by the defendant, Eastern Gas and Fuel Associates. The defendant has moved for summary judgment in each of these cases on the ground that the claims for statutory penalties are barred by the one-year statute of limitations contained in West Virginia Code, Chapter 55, Article...

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