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RANGER FUEL CORP. v. YOUGHIOGHENY & OHIO COAL CO.

No. 81-1084.

677 F.2d 378 (1982)

RANGER FUEL CORPORATION, Appellee, v. The YOUGHIOGHENY AND OHIO COAL COMPANY, Appellant.

United States Court of Appeals, Fourth Circuit.

Decided March 25, 1982.

Attorney(s) appearing for the Case

John F. Kay, Jr., Richmond, Va. (Susan C. Armstrong, David G. Shuford, Mays, Valentine, Davenport & Moore, Richmond, Va., Stephen A. Weber, Kay, Casto & Chaney, Charleston, W. Va., John C. Kinder, Edward K. Cheffy, Kinder, Kinder & Hanlon, St. Clairsville, Ohio, on brief), for appellant.

W. Warren Upton, Charleston, W. Va. (Charles Q. Gage, Paige Auer Winck, Jackson, Kelly, Holt & O'Farrell, Charleston, W. Va., on brief), for appellee.

Before WINTER, Chief Judge, HAYNSWORTH, Senior Circuit Judge, and BUTZNER, Circuit Judge.

BUTZNER, Circuit Judge:

The Youghiogheny and Ohio Coal Company (Y&O) appeals from an order of the district court requiring it to arbitrate certain disputes with the Ranger Fuel Corporation. We reverse the order of the district court and remand with instructions to dismiss the action.

I

Y&O and the Bellemead Coal Company jointly own the mineral rights to 7,000 acres of land in West Virginia.1 Y&O is the sole...

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