RUSSELL v. ISLAND CREEK COAL CO.

No. 19104.

389 S.E.2d 194 (1989)

Grover RUSSELL and Etta Russell v. ISLAND CREEK COAL COMPANY and Kenneth Faerber, Commissioner of the West Virginia Department of Energy.

Supreme Court of Appeals of West Virginia.

Rehearing Denied February 8, 1990.


Attorney(s) appearing for the Case

John McFerrin, John Purbaugh, West Virginia Legal Services Plan, Charleston, for Grover Russell and Etta Russell.

Joseph A. Lazell, Asst. Atty. Gen., Environment and Energy Div., Charleston, for Kenneth Faerber.

James R. Snyder, Jackson & Kelly, Charleston, for Island Creek Coal Co.


McHUGH, Justice:

This case is before the Court upon the appeal of Grover Russell and Etta Russell from the April 19, 1988 order of the Circuit Court of Upshur County, wherein the court granted the appellee, Island Creek Mining Company's motion for summary judgment. The appellants contend that the trial court erroneously granted summary judgment when it held that under the specific provision of the West Virginia Surface...

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