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McGRADY v. CALLAGHAN

No. 13952.

244 S.E.2d 793 (1978)

James McGRADY, Carl B. Short and Kent Randall v. David C. CALLAGHAN, Director, Department of Natural Resources, et al.

Supreme Court of Appeals of West Virginia.

Dissenting May 5, 1978.

Attorney(s) appearing for the Case

Lee Adler, Beckley, for James McGrady and Kent Randall.

David R. Wooley, Charleston, Richard E. Hitt, Welch, for Carl B. Short.

Marianne Kapinos, Robert D. Pollitt, Asst. Attys. Gen., Charleston, for respondents.

CAPLAN, Chief Justice:

In this original proceeding in mandamus the relators seek to compel the respondents to revoke Surface Mining Permit No. 244-76 theretofore issued to the L. & F. Mining Company. By such permit the said company was granted the right to mine coal at Cool Ridge in Raleigh County, West Virginia. The relators also seek to require the respondents to perform certain other duties which they allege are mandatory under the law.

The relators...

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