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LOWE v. GUYAN EAGLE COALS, INC.

No. 14813.

273 S.E.2d 91 (1980)

William D. LOWE v. GUYAN EAGLE COALS, INC.

Supreme Court of Appeals of West Virginia.

December 19, 1980.

Attorney(s) appearing for the Case

Crandall, Pyles, Crandall & Poyourow, Bradley J. Pyles, Logan, for appellant.

Valentine, Wilson & Partain, William G. Wilson and Eric H. O'Briant, Logan, for appellee.

HARSHBARGER, Justice:

William D. Lowe appeals from the Logan County Circuit Court's grant of summary judgment to Guyan Eagle Coals, Inc. Lowe sued for damages for trespass and unauthorized use of his surface property by mineral rights owner Guyan Eagle. By order of April 19, 1979, the circuit court granted defendant's motion for summary judgment on pleadings, interrogatories, stipulation and affidavit by the coal company president.

In 1902 the family patriarch...

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