Rick WEBB, Braxton Environmental Action Programs, Inc., and Mountain Stream Monitors,
v.
The Honorable William L. FURY, Judge, Upshur Circuit Court.
Supreme Court of Appeals of West Virginia.https://leagle.com/images/logo.png
July 13, 1981.
Dissenting Opinion September 10, 1981.
Attorney(s) appearing for the Case
Robert M. Bastress, Jr., Charles R. DiSalvo, Gene R. Nichol, Jr., Morgantown, David Grubb, Charleston, for petitioners.
Steptoe & Johnson, Herbert G. Underwood, Irene M. Keeley, Clarksburg, Donald H. Vish, Lexington, Ky., for DLM Coal Corp.
Guy R. Bucci, Jennifer F. Bailey, Bucci & Ellis, Charleston, for West Virginia Trial Lawyers Ass'n, amicus curiae.
Norman L. Dean, Jr., Washington, D. C., for West Virginia Wildlife Federation and Nat. Wildlife Federation, amicus curiae.
M. Carolyn Cox, Mark L. Gerchick, Drake Cutini, Michael S. Helfer, William J. Kolasky, Jr., Wilmer & Pickering, Washington, D. C., for American Civil Liberties Union; Consumers Union of the United States, Inc.; League of Women Voters of the United States; Natural Resources Defense Council, Inc., amicus curiae.
L. Thomas Galloway, Washington, D. C., for Center for Law and Social Policy, amicus curiae.
Jerry Jackson, Sanford Sagalkin, Anthony C. Liotta, Jacques B. Gellin, Dept. of Justice, Washington, D. C., amicus curiae.
Supreme Court of Appeals of West Virginia.
McGRAW, Justice:
The petitioners, Rick Webb, Mountain Stream Monitors, and Braxton Environmental Action Programs, Inc., seek a writ of prohibition under the original jurisdiction of this Court to prevent the Circuit Court of Upshur County from proceeding with a defamation action filed in that court against the petitioners by DLM Coal Corporation [DLM]. The petitioners do not contend...
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