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DWG OIL & GAS v. SOUTHERN COUNTRY FARMS

No. 16-0069.

796 S.E.2d 201 (2017)

DWG OIL & GAS ACQUISITIONS, LLC, Plaintiff Below, Petitioner v. SOUTHERN COUNTRY FARMS, INC.; Harlan Kittle and Barbara Kittle; and LORI D. CARPENTER, Defendants Below, Respondents.

Supreme Court of Appeals of West Virginia.

Filed: January 19, 2017.

Attorney(s) appearing for the Case

Bradley W. Stephens, Esq. , Stephens Law Office, Morgantown, West Virginia, Kelly Mayhew, Esq. , Kelly Mayhew, PLLC, Morgantown, West Virginia, Counsel for the Petitioner.

Thomas E. White, Esq. , White & Clyburn Law Offices, Moundsville, West Virginia, Counsel for Respondent, Southern Country Farms, Inc.

This declaratory judgment action is before this Court upon the appeal of the petitioner and plaintiff below, DWG Oil & Gas Acquisitions, LLC ("DWG"), from the December 28, 2015, order of the Circuit Court of Marshall County. As set forth in the order, the circuit court determined that the oil and gas underlying a parcel of land...

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