Mullins v. Beatrice Pocahontas Company

OPINION

TURK, Chief Judge.

On Februray 6, 1973 this court entered judgment in favor of the defendant, Beatrice Pocahontas Company and against the plaintiffs, landowners who had sought damages and injunctive relief from the defendant corporation alleging that its coal mine and processing plant in Buchanan County, Virginia constituted a nuisance. Plaintiffs appealed this judgment to the Court of Appeals which on January 4, 1974 remanded the case to this court to consider whether it had had jurisdiction to try the case. Pursuant to this remand, a hearing was held on February 6, 1974 for the…