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IN RE FLOOD LITIGATION COAL RIVER WATERSHED

Nos. 33664, 33710 and 33711.

668 S.E.2d 203 (2008)

In re FLOOD LITIGATION COAL RIVER WATERSHED. In re Flood Litigation Upper Guyandotte River Watershed Subwatershed 2a. In re Flood Litigation Upper Guyandotte River Watershed Subwatershed 2a.

Supreme Court of Appeals of West Virginia.

Decided June 26, 2008.

Attorney(s) appearing for the Case

Scott S. Segal, Esq., Deborah L. McHenry, Esq., Samuel A. Hrko, Esq., The Segal Law Firm. W. Stuart Calwell, Jr., Esq., The Calwell Practice, J. David Cecil, Esq., James F. Humphreys & Associates, Charleston, WV, W. Randolph McGraw, Esq., Prosperity, WV, for Plaintiffs Below.

A.L. Emch, Esq., Jill M. Obenchain, Esq., Amber Lynn Hoback, Esq., Jackson Kelly, PLLC, Charleston, WV, for Defendants Below.

A.L. Emch, Esq., Jackson Kelly, PLLC, Charleston, WV, Amicus Curiae for Alex Energy, et al.

Richard J. Bolen, Esq., Cindy D. McCarty, Esq., Jonathan E. Porter, Esq., Huddleston, Bolen, Beatty, Porter & Copen, Huntington, WV, David E. Goddard, Esq., John Greg Goodykoontz, Esq., Steptoe & Johnson, Clarksburg, WV, for Western Pocahontas Properties.

PER CURIAM:

These two appeals from "flood litigation" cases have been consolidated for argument and decision. In one case we hold that a jury's determination was valid. In the other case, we hold that the lower court's dismissal of the case for failure to state a claim was erroneous.

I.

Both of the instant appeals involve claims for injuries and damages resulting from flooding that occurred on July 8,...

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