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CERTAIN UNDERWRITERS v. PINNOAK RESOURCES, LLC

No. 33898.

674 S.E.2d 197 (2008)

CERTAIN UNDERWRITERS AT LLOYD'S, LONDON, Subscribing to Policy No. B0711, Plaintiffs Below, Appellants, v. PINNOAK RESOURCES, LLC and PINNACLE MINING CO., LLC, Defendants Below, Appellees.

Supreme Court of Appeals of West Virginia.

Decided November 6, 2008.

Attorney(s) appearing for the Case

David S. Hart, Hayden & Hart, PLLC, Beckley, Mark F. Bruckmann (Pro hac vice), Timothy G. Church (Pro hac vice), Bruckmann & Victory, LLP, New York, NY, for the Appellants, Certain Underwriters at Lloyd's, London, Subscribing to Policy No. B0711.

W. Richard Staton, Moler, Staton, Staton & Houck, LC, Mullens, Peter N. Flocos (Pro hac vice), Melissa J. Tea (Pro hac vice), Kirkpatrick & Lockhart Preston Gates Ellis, LLP, Pittsburgh, PA, for the Appellees, PinnOak Resources, LLC and Pinnacle Mining Co., LLC.

PER CURIAM:1

The plaintiffs below and appellants herein, Certain Underwriters at Lloyd's, London (hereinafter "Lloyd's)," appeal from an order entered April 11, 2007, by the Circuit Court of Wyoming County. By that order, the circuit court granted summary judgment to the defendants below and appellees herein, PinnOak Resources, LLC and Pinnacle Mining Co., LLC (hereinafter referred to collectively as "PinnOak"). Subsequently, the Circuit...

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