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MULLINS v. BEATRICE POCAHONTAS COMPANY

No. 14298.

489 F.2d 260 (1974)

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

United States Court of Appeals, Fourth Circuit.

Decided January 4, 1974.

Attorney(s) appearing for the Case

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

R. Kenneth Wheeler, Richmond, Va. (Hunton, Williams, Gay & Gibson, Richmond, Va., on brief), for appellee.

Before BOREMAN, Senior Circuit Judge, and WINTER and RUSSELL, Circuit Judges.

PER CURIAM:

Plaintiffs, landowners in the area surrounding Keen Mountain, Virginia, sought in this litigation to obtain compensatory damages and an injunction to abate an alleged nuisance caused by a coal operating plant of Beatrice Pocahontas Company in conjunction with its mine at Keen Mountain. The plant cleans coal of impurities so that it can be used in metallurgical processes, and a by-product of the cleaning process is coal dust which, it is alleged, is discharged...

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