JENKINS v. JOHNSON

No. 18797.

382 S.E.2d 334 (1989)

Larry JENKINS, Karen Jenkins, et al. v. Darwin JOHNSON, etc., et al.

Supreme Court of Appeals of West Virginia.

June 16, 1989.


Attorney(s) appearing for the Case

Robert M. Bastress, Charles DiSalvo, Morgantown, for Jenkins.

Mike Magro, Jr., Morgantown, for Johnson.


PER CURIAM:

This case turns on a question of an interpretation of Rule 60(b)(5) of the West Virginia Rules of Civil Procedure. In particular, it concerns whether the trial court was correct in modifying its August 28, 1980 order relating to the width of a right-of-way which runs across the plaintiffs' property.

In 1979, the plaintiffs instituted a suit for trespass and declaratory relief against Alla-Ohio Coals (Alla). Alla owned a right-of-way for the use...

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