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ST. LUKE'S UNITED METHODIST CHURCH v. CNG DEVELOPMENT CO.

No. 33527.

663 S.E.2d 639 (2008)

ST. LUKE'S UNITED METHODIST CHURCH; Mary Maxine Welch; and Jay-Bee Production Company, Plaintiffs Below, Mary Maxine Welch, Appellant v. CNG DEVELOPMENT COMPANY; Tri County Oil and Gas, Inc; East Resources, Inc.; and Enervest Operating, LLC, Defendants Below, CNG Development Company, Appellee.

Supreme Court of Appeals of West Virginia.

Decided June 12, 2008.

Attorney(s) appearing for the Case

G.W. Morris, II, Weston, WV, Ira M. Haught, Harrisville, WV, Thomas J. Gillooly, Charleston, WV, Johanna Fisher Stewart, Morgantown, WV, for Appellant, Mary Maxine Welch.

W. Henry Lawrence, Amy M. Smith, Steptoe & Johnson, PLLC, Clarksburg, WV, for Appellee, Dominion Exploration & Production, Inc., successor to CNG Development Company.

ALBRIGHT, Justice.

Appellant Mary Maxine Welch seeks relief from the November 15, 2006, order of the Circuit Court of Ritchie County, granting the motion of Appellee Dominion Exploration and Production, Inc. ("Dominion") to dismiss those portions of Appellant's complaint relating to partial rescission in connection with an oil and gas lease dispute.1 Maintaining that Dominion has failed to fully develop the leased property, Appellant seeks...

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