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BUFFALO MIN. CO. v. MARTIN

No. 14348.

267 S.E.2d 721 (1980)

BUFFALO MINING COMPANY, a corporation, v. James MARTIN et al.

Supreme Court of Appeals of West Virginia.

Dissenting Opinion July 9, 1980.

Attorney(s) appearing for the Case

James W. St. Clair, Marshall & St. Clair, Huntington, for appellants.

John C. Valentine, William G. Wilson, Valentine, Wilson & Partain, Logan, for appellee.

MILLER, Justice:

James and Toni Martin, surface owners of property situated in Wayne County, appeal a judgment of the Circuit Court of Wayne County permitting Buffalo Mining Company [Buffalo], lessee of coal beneath the Martins' land, to construct an electric transmission line on the surface. The central issue is whether Buffalo had the authority under its mining rights to construct the power line. For the reasons set forth, we affirm the judgment.

Buffalo...

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