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STATE v. ELDER

No. 12725.

165 S.E.2d 108 (1968)

STATE of West Virginia v. Wayne ELDER d/b/a Black Rock Coal Company and National Surety Corporation, a corporation.

Supreme Court of Appeals of West Virginia.

Decided December 20, 1968.

Attorney(s) appearing for the Case

C. Donald Robertson, Atty. Gen., Fred M. Frisk, Jr., Asst. Atty. Gen., Charleston, for appellant.

Kay, Casto & Chaney, George S. Sharp, Charleston, for appellees.

CAPLAN, Judge.

This is an appeal from a final judgment of the Circuit Court of Upshur County. That judgment resulted from an action instituted by the State of West Virginia against Wayne Elder d/b/a Black Rock Coal Company and National Surety Corporation for the recovery of the amounts of four performance bonds executed by the defendants as principal and surety to insure the proper reclamation following surface mining operations conducted under four separate surface...

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