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MARFORK COAL CO. v. CALLAGHAN

No. 31551.

601 S.E.2d 55 (2004)

215 W.Va. 735

MARFORK COAL COMPANY, Petitioner Below, Appellee v. Michael O. CALLAGHAN, Secretary, West Virginia Department of Environmental Protection, and Matthew B. Crum, Director, West Virginia Department of Environmental Protection's Division of Mining and Reclamation, Respondents Below, and Janice Nease and Freda Williams, Intervenors Below, Appellees. Stephanie R. Timmermeyer, Acting Secretary, West Virginia Department of Environmental Protection, Appellant.

Supreme Court of Appeals of West Virginia.

Decided March 15, 2004.

Concurring Opinion of Justice McGraw June 30, 2004.

Dissenting Opinion of Chief Justice Maynard July 6, 2004.

Concurring Opinion of Justice Starcher July 14, 2004.

Attorney(s) appearing for the Case

Robert G. McLusky, Gale R. Lea, John Charles (Max) Wilkinson, Jr., Jackson & Kelly, Charleston, West Virginia, Attorneys for the Appellee, Marfork Coal Company.

Thomas L. Clarke, West Virginia Department of Environmental Protection, Charleston, West Virginia, Attorney for the Appellant.

Freda Williams, Pro Se.

ALBRIGHT, Justice:

The West Virginia Department of Environmental Protection ("DEP"), through its Secretary, Stephanie R. Timmermeyer,1 appeals from the December 23, 2002, order of the Circuit Court of Raleigh County through which an order of the West Virginia Surface Mine Board ("SMB") was reversed and the underlying matter remanded to DEP for a second show cause hearing on the issue of whether Marfork Coal Company ("Marfork") should be...

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