CDS Family Trust, LLC v. ICG, Inc. and Vindex Energy

STATE OF WEST VIRGINIA SUPREME COURT OF APPEALS CDS Family Trust, LLC, a Delaware FILED Limited Liability Company, January 15, 2014 RORY L. PERRY II, CLERK Plaintiff Below, Petitioner SUPREME COURT OF APPEALS OF WEST VIRGINIA vs) No. 13-0376 (Grant County 11-C-46) ICG, Inc., Vindex Energy Corp., a West Virginia Corporation, and CSX Transportation, Inc. Defendants Below, Respondents MEMORANDUM DECISION Petitioner CDS Family Trust, LLC (“CDS”), by counsel Timothy M. Miller and Benjamin W. Price, appeals from the March 11, 2013 order of the Circuit Court of Grant County that granted Respondent…