CONSOLIDATION COAL CO. v. LAY

No. 17243.

354 S.E.2d 820 (1987)

CONSOLIDATION COAL CO. v. Barton B. LAY, Jr., Director of the Department of Mines of the State of West Virginia and Local Union 1638, UMWA

Supreme Court of Appeals of West Virginia.

March 11, 1987.


Attorney(s) appearing for the Case

Robert M. Steptoe, Jr., Steptoe & Johnson, Clarksburg, for appellee.

J. Martin Mazezka, Thomas M. Myers, UMWA Dist. 6, Shadyside, Ohio, for appellant.

Keith Huffman, Steve Barcley, Asst. Attys. Gen., Charleston, for Director of Dept. of Mines.


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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