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CANYON PUBLIC SERVICE DISTRICT v. TASA COAL COMPANY

No. 13162.

195 S.E.2d 647 (1973)

CANYON PUBLIC SERVICE DISTRICT, a public corporation v. TASA COAL COMPANY, a corporation.

Supreme Court of Appeals of West Virginia.

Decided April 10, 1973.

Attorney(s) appearing for the Case

Haden & Singleton, Julius W. Singleton, Jr., Morgantown, Plowman & Spiegel, John L. Spiegel, Pittsburgh, Pa., for appellant.

Michael Tomasky, Morgantown, for appellee.

SPROUSE, Judge:

In this eminent domain proceeding instituted in the Circuit Court of Monongalia County by Canyon Public Service District, as the plaintiff, against Tasa Coal Company, as the defendant, the defendant seeks an appeal from an order of the circuit court entered on the 11th day of November, 1971, overruling its demurrer and plea in abatement and holding that the plaintiff public service district had the right...

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