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CONSOLIDATED GAS SUPPLY CORP. v. RILEY

No. 13828.

247 S.E.2d 712 (1978)

CONSOLIDATED GAS SUPPLY CORPORATION v. Marie RILEY et al.

Supreme Court of Appeals of West Virginia.

Dissenting Opinion September 20, 1978.

Attorney(s) appearing for the Case

James C. West, Jr., Jones, Williams, West & Jones, James P. Martin, Clarksburg, for appellants.

Patrick D. Deem, James A. Russell, Steptoe & Johnson, Clarksburg, for appellee.

MILLER, Justice:

Appellants complain about the propriety of a summary judgment obtained by appellee, Consolidated Gas Supply Corporation (herein Consolidated Gas) in a partition suit it filed against appellants who were individual co-owners of oil and gas underlying three tracts of land in Lewis County. We reverse.

Consolidated Gas alleged in its complaint that it was the owner of an eleven-twentieths undivided interests and the lessee of all the oil and gas...

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