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CANESTRARO v. FAERBER

No. 18541.

374 S.E.2d 319 (1988)

Charlotte CANESTRARO, Phyllis Yankovich, Edward M. Kuca, Jr., Geraldine Kuca, Richard A. Dinger, and Cecil A. Bowman v. Kenneth FAERBER, Commissioner of the West Virginia Department of Energy.

Supreme Court of Appeals of West Virginia.

October 26, 1988.

Attorney(s) appearing for the Case

Milton Zelermyer, Morgantown, Jushua I. Barrett, DiTrapano & Jackson, Charleston, Patrick C. McGinley, Morgantown, for petitioners.

Jackson & Kelly, Charleston, for Consolidation Coal.

NEELY, Justice:

This is a petition for a Writ of Mandamus and Prohibition by six residents of Marshall County who live downstream from a coal waste dam operated by Consolidation Coal Company ("Consolidation"). Consolidation applied to the West Virginia Department of Energy ("DOE") as required by the West Virginia Surface Coal Mining and Reclamation Act (WVSCMRA), W.Va.Code, 22A-3-1 et seq., for a permit to...

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