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CHOSAR CORP. v. OWENS

Record No. 850699.

370 S.E.2d 305 (1988)

CHOSAR CORPORATION, et al. v. Beulah OWENS, et al.

Supreme Court of Virginia.

June 17, 1988.

Attorney(s) appearing for the Case

S. Strother Smith, Abingdon, (William H. Drake, on brief), for appellants.

Benjamin F. Sutherland, Clintwood, for appellees.

Present: All the Justices.

STEPHENSON, Justice.

The principal questions in this appeal are (1) whether mining of coal owned by cotenants without the consent of all owners constitutes waste and the exclusion of the interests of the nonconsenting owners entitling them to injunctive relief, and (2) if such mining does constitute waste and the exclusion of the nonconsenting owners' interests, whether the consenting coal owners may permit a third party to transport coal from adjoining land through...

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