ORYN TREADWAY SHEFFIELD, JR. v. CONSOLIDATION COAL

Case No. 1:11CV00049.

819 F.Supp.2d 625 (2011)

ORYN TREADWAY SHEFFIELD, JR., TRUST, et al., Plaintiffs, v. CONSOLIDATION COAL COMPANY, Defendant.

United States District Court, W.D. Virginia, Abingdon Division.

October 19, 2011.


Attorney(s) appearing for the Case

Ilya I. Berenshteyn , The Senter Law Firm PC, Bristol, TN, for Plaintiffs.

James R. Creekmore , Brian S. Wheeler , and Blair N.C. Wood , The Creekmore Law Firm PC, Blacksburg, VA, and Jonathan T. Blank and Lisa M. Lorish , McGuire Woods LLP, Charlottesville, VA, for Defendant.


OPINION

JAMES P. JONES, District Judge.

In this diversity action governed by Virginia law, the plaintiffs claim ownership of unidentified minerals contained in a tract of land which is under lease for coal mining purposes to another party. Although active coal production stopped some time ago, it is alleged that the defendant has now used the underground voids left after the coal was mined to dispose of wastewater from another coal mine.

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