ANTCO, INC. v. DODGE FUEL CORP.

No. 28467.

550 S.E.2d 622 (2001)

209 W.Va. 644

ANTCO, INC., John Antulov, Margaret Antulov and Steve Antulov, Plaintiffs Below, Appellants v. DODGE FUEL CORPORATION, Defendant Below, Appellee

Supreme Court of Appeals of West Virginia.

Decided June 29, 2001.

Dissenting Opinion of Justice Davis July 6, 2001.


Attorney(s) appearing for the Case

Charles E. Anderson, Esq., Fairmont, West Virginia, Attorney for Appellants.

Jeffrey D. Taylor, Esq., Rose, Padden & Petty, Fairmont, West Virginia, Attorney for Appellee.


McGRAW, Chief Justice:

Appellants, surface owners who claim that mining subsidence damaged their real and personal property, appeal the lower court's grant of summary judgment in favor of a mining company that mined beneath the appellants' property. The lower court found that the appellants' deed contained a valid waiver of subjacent support, and that because of the waiver, the mining company was entitled to allow the surface...

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