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HALSTEAD v. DIALS

No. 19502.

391 S.E.2d 385 (1990)

Terry HALSTEAD and Theodore Morris v. George DIALS, Commissioner, West Virginia Department of Energy, and Appalachian Mining, Inc.

Supreme Court of Appeals of West Virginia.

March 23, 1990.

Attorney(s) appearing for the Case

John McFerrin, Charleston, for Terry Halstead and Theodore Morris.

T. Randolph Cox, Spilman, Thomas, Battle & Klostermeyer, Charleston, for Appalachian Mining, Inc.

Roger W. Tompkins, Atty. Gen., Joseph A. Lazell, Asst. Atty. Gen., Charleston, for George Dials.

MILLER, Justice:

In this original mandamus proceeding, we are asked to determine what rights citizen intervenors have under the West Virginia Surface Coal Mining and Reclamation Act, W.Va.Code, 22A-3-1, et seq., to participate in a consent settlement order.

I.

By a letter dated September 18, 1989, George Dials, the Commissioner of the Department of Energy (DOE), instructed Appalachian Mining, Inc...

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