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W.VA. ENVIRON. PROTECT. v. KINGWOOD COAL

No. 23876.

490 S.E.2d 823 (1997)

200 W.Va. 735

WEST VIRGINIA DIVISION OF ENVIRONMENTAL PROTECTION, Plaintiff Below, Appellant v. KINGWOOD COAL COMPANY, Defendant Below, Appellee.

Supreme Court of Appeals of West Virginia.

Decided July 16, 1997.

Attorney(s) appearing for the Case

Christopher D. Negley, Assistant Chief Office of Legal Services, West Virginia Division of Environmental Protection, Charleston, for Appellant.

Leonard Knee, Benjamin L. Bailey, Bowles Rice McDavid Graff & Love, P.L.L.C., Charleston, for Appellee.

Robert G. McLusky, James R. Snyder, Jackson & Kelly, Charleston, for Amicus Curiae West Virginia Coal Association and West Virginia Mining and Reclamation Association.

McHUGH, Justice:

This case is before this Court on an appeal by the West Virginia Division of Environmental Protection (hereinafter "DEP") of a May 24, 1996 order of the Circuit Court of Kanawha County, affirming an August 28, 1995 final order of the West Virginia Surface Mine Board. The issues in this appeal concern whether Kingwood Coal Company (hereinafter "Kingwood") "owned or controlled" T & T Fuels, Inc. (hereinafter...

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