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HOSAFLOOK v. CONSOLIDATION COAL CO.

No. 23045.

497 S.E.2d 174 (1997)

201 W.Va. 325

David J. HOSAFLOOK and Kathryn Hosaflook, Plaintiffs Below, Appellants, v. The CONSOLIDATION COAL COMPANY, Ronald Stovash and Thomas Simpson, Defendants Below, Appellees.

Supreme Court of Appeals of West Virginia.

Submitted Upon Rehearing March 18, 1997.

Decided June 2, 1997.

Dissenting opinion of Justice Starcher December 17, 1997.

Attorney(s) appearing for the Case

Allan N. Karlin, Morgantown, for Appellants.

Steven P. McGowan, Steptoe & Johnson, Charleston, for Appellees.

Daniel L. Stickler, Erin Elizabeth Magee, Jackson & Kelly, Charleston, for Amicus Curiae West Virginia Coal Association and West Virginia Mining and Reclamation Association.

Evan H. Jenkins, Charleston, for Amicus Curiae West Virginia Chamber of Commerce.

McHUGH, Justice:

The appellants, David J. Hosaflook and Kathryn Hosaflook, appeal the January 12, 1995 order of the Circuit Court of Monongalia County which granted summary judgment for the appellees, Consolidation Coal Company (hereinafter "Consol"); Ronald Stovash, the vice-president of Consol's Fairmont operations; and Thomas Simpson, the superintendent of Consol's Robinson Run Mine, an underground coal mine located...

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