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MCELROY COAL CO. v. DOBBS

No. 18-0134, No. 18-0135.

853 S.E.2d 620 (2020)

MCELROY COAL COMPANY, a Corporation, Terry L. Dobbs and Catherine A. Dobbs, Defendants Below, Petitioners v. Gary R. DOBBS, Plaintiff Below, Respondent and Terry L. Dobbs and Catherine A. Dobbs, Defendants Below, Petitioners v. Gary R. Dobbs, Plaintiff Below, Respondent.

Supreme Court of Appeals of West Virginia.

Filed: November 12, 2020.

Attorney(s) appearing for the Case

Ancil G. Ramey, Esq. , Stacey Richards-Minigh, Esq. , Steptoe & Johnson PLLC, Huntington, West Virginia, William D. Wilmoth, Esq. Steptoe & Johnson PLLC, Wheeling, West Virginia, Counsel for Petitioner McElroy Coal Company.

H. Brann Altmeyer, Esq. Phillips, Gardill, Kaiser & Altmeyer PLLC, Wheeling, West Virginia, Counsel for Petitioner McElroy Coal Company.

Eric M. Gordon, Esq. , Berry, Kessler, Crutchfield, Taylor & Gordon, Moundsville, West Virginia, Counsel for Petitioners Terry L. Dobbs and Catherine A. Dobbs.

Robert P. Fitzsimmons, Esq. , Robert J. Fitzsimmons, Esq. , Fitzsimmons Law Firm PLLC, Wheeling, West Virginia, Counsel for Respondent Gary R. Dobbs.

Michael J. Burkey, Esq. , Linda Burkey, Esq. , Burkey & Burkey, Cameron, West Virginia.

In 1975, Lyle Dobbs died, and land he owned in Marshall County, West Virginia, passed to his wife and two sons, Petitioner Terry L. Dobbs and Respondent Gary R. Dobbs. The wife and sons conveyed a small parcel to the sons for the site of a slaughterhouse business. The remaining land, a home place and a pasture, was conveyed...

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