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CAPERTON v. BEATRICE POCAHONTAS COAL CO.

Nos. 77-1357 to 77-1360.

585 F.2d 683 (1978)

Gladys CAPERTON as representative of a class of property owners having more than $10,000 damage living in Buchanan County, Virginia, in the areas adjacent to the Beatrice & Virginia Pocahontas Shaft Mines Numbers 1-5 which damage is alleged to exist and have been caused by the mining operations of the defendants, Appellant, v. BEATRICE POCAHONTAS COAL COMPANY and/or Virginia Pocahontas Coal Company and/or Island Creek Coal Company, Jones & Laughlin Steel Company, Republic Steel Corporation, Appellees. Harold T. POWERS and Kathy Jo Powers, his wife, Appellants, v. BEATRICE POCAHONTAS COMPANY, Jones & Laughlin Steel Company, Republic Steel Corporation, Appellees. Harry FERRELL and Florene P. Ferrell, Appellants, v. BEATRICE POCAHONTAS COMPANY and/or Virginia Pocahontas Company, and/or Island Creek Coal Company, Jones & Laughlin Steel Company, Republic Steel Corporation, Appellees. Ira Cunningham MUTTER, Appellant, v. BEATRICE POCAHONTAS COMPANY and/or Virginia Pocahontas Company and/or Island Creek Coal Company, Jones & Laughlin Steel Company, Republic Steel Corporation, Appellees.

United States Court of Appeals, Fourth Circuit.

Decided October 19, 1978.

Attorney(s) appearing for the Case

S. Strother Smith, Abingdon, Va. (Smith, Robinson & Vinyard, Abingdon, Va., on brief), for appellants.

Haney H. Bell, Roanoke, Va., Charles B. Flannagan, II, Abingdon, Va. (Woods, Rogers, Muse, Walker & Thornton, Roanoke, Va., Woodward, Miles & Flannagan, Bristol, Va., and Penn, Stuart, Eskridge & Jones, Abingdon, Va., on brief), for appellees.

Before HAYNSWORTH, Chief Judge, FIELD, Senior Circuit Judge, and WIDENER, Circuit Judge.

FIELD, Senior Circuit Judge:

Four actions for damages were filed in the district court against Beatrice Pocahontas Coal Company ("Beatrice"), Virginia Pocahontas Coal Company ("Virginia Pocahontas"), and one of their common corporate "parents," Island Creek Coal Company ("Island Creek"),1 by Virginia citizens who claimed to have been injured by seismic tremors emanating from the mining operations...

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