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WILSON v. XANDER

No. 18954.

387 S.E.2d 809 (1989)

William M. WILSON and O. Glenn Lockhart v. R. Dennis XANDER; Alamco, Inc., a Delaware Corporation; Anthony Joseph Lacotti, Jr.; Lisa Lacotti; Willie Eugene Coffey and Gertraud Coffey; and NRM Petroleum Corp. (Natural Resource Management Corp.).

Supreme Court of Appeals of West Virginia.

December 14, 1989.

Attorney(s) appearing for the Case

William W. Talbott, Webster Springs, for William M. Wilson and O. Glenn Lockhart.

Terry D. Reed, Hymes & Coonts, Buckhannon, for Xander & Nat. Resources Management Corp.

Marc A. Monteleone, Thomas E. Scarr, Kevin K. Distler, Charleston.

Richard W. Cardot, Elkins, for W.E. Coffey & G. Coffey.

Harold J. Tulley, Bel Air, Md., for A.J. Lacotti, Jr. & L. Lacotti.

James M. Wilson, Richard M. Yurko, Jr., Clarksburg, for Alamco, Inc.

Richard W. Hosking, Pittsburg, Pa.,

Richard H. Talbott, Jr., Elkins.

NEELY, Justice:

The plaintiffs in this dispute over an oil and gas lease appeal the entry of summary judgment against them in the Circuit Court of Randolph County.

On 1 July 1980, the plaintiffs, William Wilson and Glenn Lockhart (lessees), entered into an oil and gas lease with Anthony and Lisa LaCotti and William and Gertraud Coffey (lessors), covering 105 acres near Cassity in Randolph County. At that time, the lessors had been leasing the coal rights in...

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