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PHILLIPS v. FOX

No. 22194.

458 S.E.2d 327 (1995)

193 W.Va. 657

Don PHILLIPS, Appellant, v. Steven FOX and Debra Fox, His Wife, and Mabel Fox, Appellees. Mabel FOX, Appellee, v. Don PHILLIPS, Appellant.

Supreme Court of Appeals of West Virginia.

Decided April 14, 1995.

Attorney(s) appearing for the Case

David R. Rexroad and Steven B. Nanners, Rexroad & Rexroad, Buchannon, for appellant.

J. Thomas Lane and Charles B. Dollison, Bowles Rice McDavid Graff & Love, Charleston, for appellees.

McHUGH, Justice:

This is an appeal from the August 24, 1993 order of the Circuit Court of Randolph County prohibiting appellant, owner of a severed mineral estate, from conducting surface mining1 activities on appellees' surface estate absent an express right to do so.2 This Court has before it the petition for appeal, all matters of record and the briefs and argument of counsel. For the reasons stated

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