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HARVEST CAPITAL v. WV DEPT. OF ENERGY

No. 29840.

560 S.E.2d 509 (2002)

211 W.Va. 34

HARVEST CAPITAL, a Pennsylvania Partnership, 51 Systems, Inc., a Pennsylvania Corporation, and Design Fuels Corporation, a Pennsylvania Corporation, Plaintiffs Below v. WEST VIRGINIA DEPARTMENT OF ENERGY, Division of Energy, Division of Environmental Protection, and James E. Pitsenbarger, Chief of Abandoned Mine Lands and Reclamation, Defendants Below, Appellants and Ground Breakers, Inc., a West Virginia Corporation, Defendant Below, Appellee.

Supreme Court of Appeals of West Virginia.

Decided February 8, 2002.

Attorney(s) appearing for the Case

Mark E. Troy, Gary E. Pullin, Pullin, Knopf, Fowler & Flanagan, Charleston, for the Appellants.

David D. Johnson, III, Winter, Johnson & Hill, Charleston, for the Appellee.

ALBRIGHT, Justice.

This is an appeal by the West Virginia Department of Energy, Division of Environmental Protection, and James E. Pitsenbarger, Chief of Abandoned Mine Lands and Reclamation (hereinafter referred to collectively as "DEP"), of the December 21, 2000, order entered by Judge A. Andrew MacQueen1 of the Kanawha County Circuit Court granting summary judgment for Ground Breakers, Inc...

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