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FULLMER v. SWIFT ENERGY CO., INC

No. 19630.

404 S.E.2d 534 (1991)

John FULLMER, M.D. and Marlene Fullmer v. SWIFT ENERGY CO., INC.

Supreme Court of Appeals of West Virginia.

April 22, 1991.

Attorney(s) appearing for the Case

Mark Gaydos, Wilson, Frame & Metheney, Morgantown, for John Fullmer, M.D. and Marlene Fullmer.

J. Cecil Jarvis, McNeer, Highland & McMunn, Clarksburg, for Swift Energy Co., Inc.

NEELY, Justice:

This is an appeal from the Circuit Court of Taylor County's denial of plaintiffs' motion for a new trial on the issue of damages. The plaintiffs, John Fullmer, M.D. and Marlene Fullmer sued Swift Energy Co., Inc., essentially for damages arising from 1) the laying by Swift of a gas pipeline across the Fullmer's land,1 and 2) the pollution with mud and sediment of a trout stream running through the Fullmer's land.

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