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STANDARD BANNER COAL v. RAPOCA ENERGY CO.

Record No. 021075.

576 S.E.2d 435 (2003)

265 Va. 320

STANDARD BANNER COAL CORPORATION v. RAPOCA ENERGY COMPANY, LP.

Supreme Court of Virginia.

February 28, 2003.

Attorney(s) appearing for the Case

Elsey A. Harris, III, Norton (Donald R. Johnson, Roanoke; Mullins, Harris & Jessee, on briefs, Norton), for appellant.

Stephen M. Hodges, Bristol (Fredrick A. Rowlett, Abingdon; Penn, Stuart & Eskridge, on brief, Bristol), for appellee.

Present: HASSELL, C.J., LACY, KEENAN, KOONTZ, and LEMONS, JJ., and COMPTON, S.J., and WHITING, R.J.

DONALD W. LEMONS, Justice.

In this appeal, we consider whether several amendments and supplements to a fifty-year coal lease altered the lease to allow the lessee to extend the lease beyond its stated termination date without satisfying certain contractual terms.

I. Facts and Procedural Background

On December 15, 1949, Standard Banner Coal Corporation ("Standard Banner"), as lessor, entered into a Lease and Rent Agreement (the "1949 Lease") with...

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