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SCHARTIGER v. LAND USE CORP.

No. 19482.

420 S.E.2d 883 (1991)

187 W.Va. 612

Larry SCHARTIGER and Donna Schartiger, His Wife; Darius Schartiger and Connie Schartiger, His Wife; Robert Spencer and Lucy Spencer, His Wife; and James DePugh and Cynthia De-Pugh, His Wife, Plaintiffs Below, Appellants, v. LAND USE CORPORATION, A West Virginia Corporation, Edward King, Individually and in His Capacity as President of the Land Use Corporation; Maplewood Mining Company, Inc., A West Virginia Corporation; and Larry Legg, Individually and in His Capacity as President of Maplewood Mining Company, Inc., Defendants Below, Appellees.

Supreme Court of Appeals of West Virginia.

Decided July 11, 1991.

Opinion Dissenting in Part by Justice McHugh June 26, 1992.

Attorney(s) appearing for the Case

Michael C. Farber, Sutton, for appellants.

Arden J. Curry, II, Pauley, Curry, Sturgeon & Vanderford, Charleston, for appellees.

NEELY, Justice.

The question we decide in this case is whether the trial court erred in not awarding plaintiffs their attorney's fees and costs under W.Va. Code, 22A-3-25(f) [1985]1, which provides that a court may award attorneys' fees in civil suits concerning surface mining operations.2

On 18 September 1987, appellee, Land Use Corporation, acting...

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