Russell v. Island Creek Coal Co.

McHUGH, Justice:

This case is before the Court upon the appeal of Grover Russell and Etta Russell from the April 19, 1988 order of the Circuit Court of Upshur County, wherein the court granted the appellee, Island Creek Mining Company’s motion for summary judgment. The appellants contend that the trial court erroneously granted summary judgment when it held that under the specific provision of the West Virginia Surface Coal Mining and Reclamation Act pled by the appellants, the appellants knowingly waived their private right to obtain damages and equitable relief against the appel-lee, Island…