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HANDLEY v. COOK

No. 14262.

252 S.E.2d 147 (1979)

Gene P. HANDLEY et al. v. Honorable Jerry COOK, Judge, etc. and Apco, a corporation.

Supreme Court of Appeals of West Virginia.

February 13, 1979.

Attorney(s) appearing for the Case

Ray E. Ratliff, Jr., Kaufman & Ratliff, Charleston, E. G. Marshall, Marshall & St. Clair, Huntington, for relators.

John O. Kizer, Charleston, for respondents.

David Lycan, Wayne, amicus curiae, County Commission of Wayne County.

NEELY, Justice:

This action in prohibition challenges an order granting Appalachian Power Company a right of entry over relators' lands for construction of a high voltage power line to serve a single coal mining operation. We issued a rule to show cause limited to two questions: whether an order granting a right of entry for construction of a power line is appealable notwithstanding the fact that construction has not begun nor compensation been determined; and, whether...

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