Legal Opinion
Western Pocahontas Corp. v. Eastern Gas & Fuel Associates
District Court, S.D. West Virginia
Decided January 9, 1963No. Civ. A. Nos. 2670, 2667PublishedCited by 3 opinions
1Opinion of the Court
FIELD, Chief Judge.
The plaintiffs in each of these cases seek to recover damages and statutory penalties for alleged encroachments, underground trespass and removal of coal from their properties by the defendant, Eastern Gas and Fuel Associates. The defendant has moved for summary judgment in each of these cases on the ground that the claims for statutory penalties are barred by the one-year statute of limitations contained in West Virginia Code, Chapter 55, Article 2, Section 12(c), and that the claims for the trespass and wrongful removal of coal are barred by the statute of limitations of…
2Cases cited7 opinions
- Lewey v. H. C. Fricke Coke Co.Supreme Court of Pennsylvania · 1895
- Noonan v. PardeeSupreme Court of Pennsylvania · 1901
- Petrelli v. West Virginia-Pittsburgh Coal Co.West Virginia Supreme Court · 1920
- Harper v. HarperCourt of Appeals for the Fourth Circuit · 1918
- Scott v. Rinehart & Dennis Co.West Virginia Supreme Court · 1935
2 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Howard v. United Fuel Gas CompanyDistrict Court, S.D. West Virginia · 1965
- Cole v. Eastern Gas and Fuel AssociatesCourt of Appeals for the Fourth Circuit · 1963
- Cole v. Eastern Gas & Fuel AssociatesCourt of Appeals for the Fourth Circuit · 1963