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SCHULTZ v. CONSOLIDATION COAL CO.

No. 23174.

475 S.E.2d 467 (1996)

197 W.Va. 375

Charles SCHULTZ and Claudia Schultz, Plaintiffs Below, Appellants, v. CONSOLIDATION COAL COMPANY, A Foreign Corporation, and Bert Shelek, Defendants Below, Appellees.

Supreme Court of Appeals of West Virginia.

Decided July 12, 1996.

Attorney(s) appearing for the Case

Robert J. Shostak, Shostak Law Office, Athens, OH, Michael W. McGuane, Haranzo & McGuane, Thomas C. Schultz, Wheeling, for Appellants.

Dean K. Hunt, Jackson & Kelly, Lexington, KY, Brann Altmeyer, Phillips, Gardill, Kaiser & Altmeyer, Wheeling, for Appellees.

WORKMAN, Justice:

Charles and Claudia Schultz appeal the May 22, 1995, final order of the Circuit Court of Marshall County, granting summary judgment to the Appellees, Consolidated Coal Co. ("Consol") and Bert Shelek, in connection with the Appellants' attempt to set aside a subsidence agreement they entered into with Consol. Based on our review of the record, the parties' briefs and arguments, and all other matters submitted...

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