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QUINTAIN v. COLUMBIA NATURAL RESOURCES

No. 29163.

556 S.E.2d 95 (2001)

210 W.Va. 128

QUINTAIN DEVELOPMENT, LLC, a Limited Liability Company Organized to do Business in the State of West Virginia, Plaintiff Below, Appellee, v. COLUMBIA NATURAL RESOURCES, INC., a Texas Corporation Authorized to do Business in the State of West Virginia, Defendant Below, Appellant.

Supreme Court of Appeals of West Virginia.

Decided November 9, 2001.

Dissenting Opinion of Justice Maynard December 5, 2001.

Attorney(s) appearing for the Case

Mark A. Swartz, Crystal S. Stump, Swartz & Stump, L.C., Charleston, for the Appellant.

Howard M. Persinger, Jr., Williamson, S. Michael Streib, Streib & Patterson, Pittsburgh, PA, for the Appellee.

DAVIS, Justice:

This case involves the relocation of a sixteen-inch natural gas pipeline owned by Columbia Natural Resources, Inc. (hereinafter CNR), defendant below and appellant, that crossed certain tracts of land through easements obtained by CNR's predecessor in interest. The instant injunction action was filed by the appellee, Quintain Development, LLC (hereinafter "Quintain"), to compel CNR to relocate its pipeline...

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