William C. Atwater & Co. v. Fall River Pocahontas Collieries Co.

Riley, Judge:

This suit in equity, brought by William C. Atwater & Company, Incorporated, against Fall River Pocahontas Collieries Company, Vaughan Coal & Coke Company and Bankers Pocahontas Coal Company, was appealed to this Court by Vaughan Coal & Coke Company (115 W. Va. 745, 178 S. E. 73), and remanded for further development. From a final decree, entered on the remand, At-water Company and Fall River Company appeal.

A partial statement of facts, contained in the opinion of this Court rendered on the former hearing, reads:

“On May 1, 1901, Tug River Coal Land Company, predecessor in title to…