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KEEN v. MAXEY

No. 22591.

456 S.E.2d 550 (1995)

193 W.Va. 423

G. Frank KEEN, Charles Willett, Robert Marshall, Richard Krogh, William Marshall and Mountaineer Chapter of Trout Unlimited, Plaintiffs below, Appellants, v. William MAXEY, in His Official Capacity as Director, West Virginia Division of Forestry, Defendant below, Appellee, and Coastal Lumber, Inc., Intervenor Below.

Supreme Court of Appeals of West Virginia.

Decided March 24, 1995.

Attorney(s) appearing for the Case

John T. McFerrin, Beckley, for appellants.

Darrell V. McGraw, Jr., Atty. Gen., George P. Surmatis, Asst. Atty. Gen., Charleston, for appellee.

Robert G. McLusky, M. Shane Harvey, Jackson & Kelly, Charleston, for intervenor.

NEELY, Chief Justice:

This is an appeal from a final order of the Kanawha County Circuit Court, dismissing a Petition for Injunctive and Declaratory Relief and dissolving a temporary injunction halting a timber sale between the West Virginia Division of Forestry and Coastal Lumber, Inc. The appellants are recreational users of Kumbrabrow State Forest ("Forest") in Randolph County. Appellee is the Director of the Division of Forestry ("Division") and Coastal Lumber...

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