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KRYPTON COAL CORP. v. GOLDEN OAK MIN.

No. 18425.

383 S.E.2d 37 (1989)

KRYPTON COAL CORP., et al. v. GOLDEN OAK MINING CO., et al.

Supreme Court of Appeals of West Virginia.

Rehearing Denied July 20, 1989.

Attorney(s) appearing for the Case

Ricklin Brown, Thomas A. Heywood, Bowles McDavid, Graff & Love, Charleston, for appellant.

Rudolph L. DiTrapano, Joshua I. Barrett, DiTrapano & Jackson, Charleston, for appellee.

NEELY, Justice:

Defendant Golden Oak Mining Co., Inc. is a wholly owned subsidiary of defendant Reading & Bates Coal Company. Golden Oak was conducting both surface and underground mining at its facilities in Letcher County, Kentucky, when in August, 1983, it decided to use auger equipment in conjunction with its surface mining operation to increase productivity. Accordingly, Golden Oak solicited bids for auger work from persons in Logan County, West Virginia...

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