SEDGMER v. McELROY COAL CO.

No. 32960.

640 S.E.2d 129 (2006)

William L. SEDGMER, Jr., et al., Plaintiff Below, Appellant, v. McELROY COAL COMPANY; Consolidation Coal Company; Consol, Inc.; and Eugene L. Saunders, Defendants Below, Appellees.

Supreme Court of Appeals of West Virginia.

Decided: October 27, 2006.

Dissenting Opinion of Justice Starcher December 12, 2006.


Attorney(s) appearing for the Case

Ronald W. Kasserman, Esq., Kasserman & Bowman, PLLC, Wheeling, for Appellant.

James R. Miller, Esq., Rodger L. Puz, Esq., Dickie, McCamey & Chilcote, P.C., Pittsburgh, PA, for Appellees.


PER CURIAM.

This case is before the Court on appeal from a January 31, 2005, Order of the Circuit Court of Marshall County, which granted summary judgment in favor of Appellees in Appellant's deliberate intention action. This Court has before it the petition for appeal, the response to the petition, the briefs of the parties, and all matters of record. Following the arguments of the parties and a review of the record herein, this Court finds that the circuit court...

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