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MAXWELL v. EASTERN ASSOC. COAL CORP.

No. 19156.

394 S.E.2d 54 (1990)

Lewis Michael MAXWELL and Sherry Maxwell v. EASTERN ASSOCIATED COAL CORPORATION, INC., a Foreign Corporation; and The Baltimore & Ohio Railway Company, Inc., a Foreign Corporation.

Supreme Court of Appeals of West Virginia.

May 17, 1990.

Attorney(s) appearing for the Case

Roger D. Curry, McLaughlin and Curry, Fairmont, for Lewis M. Maxwell and Sherry Maxwell.

Paul E. Parker, III, Rose, Padden and Petty, Fairmont, for Eastern Associated Coal Corp., Inc. and Baltimore and Ohio Ry. Co., Inc.

BROTHERTON, Justice:

This is an appeal by Lewis Michael Maxwell and Sherry Maxwell, his wife, from an order of the Circuit Court of Marion County dismissing their personal injury action against the Baltimore & Ohio Railway Company, Inc. The action was initially filed against Eastern Associated Coal Corporation, the Chessie System, and CSX Corporation. After the period of the statute of limitations had expired, the appellants...

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