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STATE EX REL. BLUESTONE COAL v. MAZZONE

No. 35516.

697 S.E.2d 740 (2010)

STATE of West Virginia ex rel. BLUESTONE COAL CORPORATION and Bluestone Coal Sales Corporation, Petitioners, v. Honorable James P. MAZZONE, Judge of the Circuit Court of Ohio County, and Mountain State Carbon, LLC, Respondents.

Supreme Court of Appeals of West Virginia.

Decided June 23, 2010.

Attorney(s) appearing for the Case

David S. Givens, Flaherty, Sensabaugh & Bonasso, PLLC, Wheeling, WV, Jared M. Tully, Frost Brown Todd LLC, Charleston, WV, Barry D. Hunter, Pro Hac Vice, Rebekah G. Ballard, Pro Hac Vice, Frost Brown Todd LLC, Lexington, KY, for the Petitioners.

Mark R. Hornak, Buchanan Ingersoll & Rooney LLP, Pittsburgh, PA, David B. Cross, David F. Cross, Wellsburg, WV, for the Respondent, Mountain State Carbon, LLC.

DAVIS, Chief Justice:

The petitioners herein, Bluestone Coal Corporation (hereinafter "Bluestone Coal") and Bluestone Coal Sales Corporation (hereinafter "Bluestone Coal Sales"),1 request this Court to issue a writ of prohibition to prevent the Circuit Court of Ohio County from enforcing its November 20, 2009, order. By that order, the circuit court denied the Bluestone companies' motion to disqualify Buchanan Ingersoll & Rooney LLP...

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