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McKENZIE v. CHERRY RIVER COAL & COKE CO.

No. 22798.

466 S.E.2d 810 (1995)

195 W.Va. 742

Eugene A. McKENZIE, Margaret P. McKenzie, Thomas J. McKenzie, Margaret E. McKenzie and Barbara McKenzie, Plaintiffs Below, Appellants, v. CHERRY RIVER COAL & COKE COMPANY and Island Creek Coal Company, Defendants Below, Appellees.

Supreme Court of Appeals of West Virginia.

Decided December 13, 1995.

Attorney(s) appearing for the Case

John H. Tinney, Carl L. Fletcher, Spilman, Thomas & Battle, Charleston, for Appellants.

Dan O. Callaghan, Callaghan & Ruckman, Summersville, Jonathan D. Schiller, David O. Bickart, Kaye, Scholer, Fierman, Hays & Handler, for Appellees.

PER CURIAM:

Eugene A. McKenzie, Margaret P. McKenzie, Thomas J. McKenzie, Margaret E. McKenzie and Barbara McKenzie (hereinafter the McKenzies) appeal a summary judgment order by the Circuit Court of Greenbrier County in favor of Cherry River Coal & Coke Co., and Island Creek Coal Co. (hereinafter the coal companies). On appeal, the McKenzies allege that the circuit court...

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