BROTHERTON, Justice:
The UMWA, intervenor in a suit brought by Consolidation Coal Company, appeals a judgment of the Circuit Court of Harrison County which construed W.Va.Code § 22A-2-37(t)(2). The issue is whether that Code section requires the presence of a dispatcher at an inactive mine where there are nevertheless simultaneous movements of track equipment underground. The circuit court reversed an order of the Director of the Department of Mines (now Department...
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