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STATE EX REL. SMITH v. KERMIT LUMBER

No. 23831.

488 S.E.2d 901 (1997)

200 W.Va. 221

STATE of West Virginia ex rel. B.F. SMITH, Chief, Office of Waste Management, West Virginia Division of Environmental Protection, Plaintiff Below, Appellant, v. KERMIT LUMBER & PRESSURE TREATING CO., Duly Authorized Corporation, and Harrison Jude, an Individual, Jointly and Severally, Defendants Below, Appellees.

Supreme Court of Appeals of West Virginia.

Decided June 24, 1997.

Attorney(s) appearing for the Case

Mark J. Rudolph, Deputy Chief, Office of Legal Services, Charleston, for Appellant.

Cecil C. Varney, Varney Law Offices, L.C., Williamson, for Appellees.

McHUGH, Justice:

The appellant, B.F. Smith for and on behalf of the State of West Virginia as the Chief of the Office of Waste Management of the West Virginia Division of Environmental Protection (hereinafter the "DEP"), appeals the April 4, 1996 order of the Circuit Court of Mingo County which dismissed the DEP's action against the appellees, Kermit Lumber & Pressure Treating Company and Harrison Jude, stating that the matter was barred by the statute of limitations...

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