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COGAR v. SOMMERVILLE

No. 18711.

379 S.E.2d 764 (1989)

Eddie A. COGAR, Roland Carpenter, Sharon Carpenter, Gail Cogar, and Carl Cogar v. Hon. A.L. SOMMERVILLE, Jr., Judge of the Circuit Court of Webster County; Spring Ridge Coal Company, Inc.; and Pardee & Curtin Lumber Co.

Supreme Court of Appeals of West Virginia.

March 28, 1989.

Attorney(s) appearing for the Case

Joshua I. Barrett, Ditrapano & Jackson, Charleston, for Cogar and Carpenter.

Terry D. Reed, Buckhannon, for Spring Ridge Coal Co.

Joyce H. Morton, Morton & Morton, Webster Springs, for Pardee & Curtin Lumber Co.

MILLER, Justice:

In this original proceeding, we are asked to grant a writ of prohibition to prevent enforcement of an injunction, issued by the Circuit Court of Webster County, which prohibits the petitioners from interfering with the mining activities of the respondent, Spring Ridge Coal Company (Spring Ridge). Spring Ridge contends that the petitioners' rights to prevent mining operations within three hundred feet of an occupied dwelling under the West Virginia...

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