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MULLINS v. BEATRICE POCAHONTAS COMPANY

No. 14298.

432 F.2d 314 (1970)

J. M. MULLINS et al., Appellants, v. BEATRICE POCAHONTAS COMPANY, Appellee.

United States Court of Appeals, Fourth Circuit.

Decided October 9, 1970.

Attorney(s) appearing for the Case

Robert T. Winston, Norton, Va., and Carl W. Newman, Appalachia, Va., for appellants.

Robert L. Dolbeare, Richmond, Va. (E. Milton Farley, III, and Hunton, Williams, Gay, Powell & Gibson, Richmond, Va., Francis W. Flannagan, and Woodward, Miles & Flannagan, Bristol, Va., on brief), for appellee.

Before HAYNSWORTH, Chief Judge, BUTZNER, Circuit Judge, and LEWIS, District Judge.

BUTZNER, Circuit Judge:

The Beatrice Pocahontas Company mines and processes coal in Buchanan County, Virginia, near the communities of Keen Mountain and Oakwood. A number of people living and working in this area brought an action for damages and injunctive relief alleging that coal dust from the company's processing plant contaminates the air. The district court granted summary judgment against all of the property owners who derived title to their land from deeds...

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