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WESTMORELAND COAL CO. v. KAUFMAN

No. 19784.

399 S.E.2d 906 (1990)

WESTMORELAND COAL COMPANY and Elk River Sewell Coal Company v. Honorable Tod J. KAUFMAN, Judge of the Circuit court of Kanawha County, and Solitaire Coal Corporation, Inc.

Supreme Court of Appeals of West Virginia.

December 6, 1990.

Attorney(s) appearing for the Case

M. Blane Michael, Robert L. Stewart, Jr., Jackson & Kelly, Charleston, for Westmoreland Coal Co. and Elk River Sewell Coal Co.

Lonnie C. Simmons, Rudolph diTrapano, diTrapano & Jackson, David W. Johnson, Lewis, Ciccarello & Friedberg, Charleston, for Solitaire Coal Corp., Inc.

PER CURIAM:

Elk River Sewell Coal Company and Westmoreland Coal Company seek a writ of prohibition against the Honorable Tod J. Kaufman, Judge of the Circuit Court of Kanawha County, because of his denial of their motion to dismiss an action against them for lack of venue, under W.Va.Code, 56-1-1 [1986]. Because we find that venue for the underlying case is improper in Kanawha County, we grant a writ prohibiting further prosecution of the case in Kanawha County...

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