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TRIPLE 7 COMMODITIES v. HIGH COUNTRY MINING

No. 20-0155.

857 S.E.2d 403 (2021)

TRIPLE 7 COMMODITIES, INC., Defendant/Counterclaim Plaintiff Below, Petitioner v. HIGH COUNTRY MINING, INC., Woodrow W. Church, and Darren J. Spencer, Plaintiffs/Counterclaim Defendants Below, Respondents.

Supreme Court of Appeals of West Virginia.

Filed: April 16, 2021.

Attorney(s) appearing for the Case

Nicholas S. Preservati, Esq. , Nicholas P. Mooney, Esq. , Spilman Thomas & Battle, PLLC, Charleston, West Virginia, Counsel for Petitioner.

William H. Sanders, III, Esq. , Sanders & Austin, Princeton, West Virginia, Counsel for Respondents.

This is an appeal from an order of the Circuit Court of Mercer County appointing a special commissioner to execute a reformation deed in consummation of the parties' Confidential Settlement Agreement and Mutual Release (the "Agreement") and dismissing the action in its entirety. The circuit court found that the failure of respondents...

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